Subdivision 1. Applicability.
This section applies to a petition for a drainage project and
a petition for repair.
Subd. 2. Signatures on petition.
(a) A petition must be signed by a requisite number of
owners of 40-acre tracts or government lots and property that the drainage project described in the
petition passes over, or by the property owners of the required percentage of the property area
determined by the total and percentage of area of 40-acre tracts or government lots that the
proposed drainage project passes over, excluding areas in and holders of easements for utilities and
roads. A petition may be signed by the commissioner of transportation or by a political subdivision
if the property is in their jurisdiction and is passed over by the proposed drainage project.
(b) Each separate parcel of property counts as one signature but the petition must be signed
by all owners of the parcel to count as a signature. The signature of each entity regardless of the
number of parcels of property owned counts as one signature on the petition.
(c) Paragraph (a) does not apply to a petition for an improvement of an outlet.
Subd. 3. Withdrawal of a petitioner.
After a petition has been filed, a petitioner may not
withdraw from the petition except with the written consent of all other petitioners on the filed
Subd. 4. Filing petition and bond.
A petition for a drainage project and a bond must be
filed with the auditor. If a drainage system is within two or more counties, the petition must be
filed with the auditor of the county with the greatest area of property that the proposed drainage
project passes over.
Subd. 5. Petitioners' bond.
One or more petitioners must file a bond with the petition for
at least $10,000 that is payable to the county where the petition is filed, or for a petition for a
proposed joint county drainage system or a petition for a drainage project affecting a joint county
drainage system, the bond must be payable to all of the counties named in the petition. The bond
must have adequate surety and be approved by the county attorney where the petition is filed. The
bond must be conditioned to pay the costs incurred if the proceedings are dismissed or a contract
is not awarded to construct the drainage system proposed in the petition.
Subd. 6. Expenses not to exceed bond.
The costs incurred before the proposed drainage
project is established may not exceed the amount of the petitioners' bond. A claim for expenses
greater than the amount of the bond may not be paid unless an additional bond is filed. If the
drainage authority determines that the cost of the proceeding will be greater than the petitioners'
bond before the proposed drainage project is established, the drainage authority must require an
additional bond to cover all costs to be filed within a prescribed time. The proceeding must be
stopped until the additional bond prescribed by the drainage authority is filed. If the additional
bond is not filed within the time prescribed, the proceeding must be dismissed.
History: 1990 c 391 art 5 s 27