161.28 ALTERING PUBLIC DRAINAGE DITCH BY TRUNK HIGHWAY.
Subdivision 1. Petition.
Upon the filing of a petition by the commissioner with the
appropriate county auditor setting forth that it would be advantageous or desirable in the
construction or maintenance of a trunk highway to make a minor alteration or change in a public
drainage system directly affecting a trunk highway and that the alteration or change will not affect
the functioning or efficiency of the public drainage system, the auditor shall fix a time and place
for hearing and give notice of the hearing by publication, as defined in section
the filing of the petition, the commissioner shall also file a plan showing in detail the alteration
or change petitioned for. If upon the hearing it appears to the county board or joint county ditch
authority that the alteration or change in the public drainage system will not affect or impair
the efficiency of the drainage system, the board or authority shall make its order allowing the
commissioner to make the alteration or change petitioned for. Upon the making of the order by
the county board or the joint county ditch authority, the commissioner may proceed at the sole
cost and expense of the state to make the alterations or changes as may be in the order allowed,
damages, if any, for any additional lands necessary for the change or alteration being first duly
paid or secured. Upon completion of the alteration or change, the commissioner shall file with
the appropriate auditor a map drawn to scale showing the change or alteration made and shall
also file a profile of all lines of the alteration or change in the ditch showing graphically the
elevation of the ground and gradient, whether open or tiled, the size of tile, and the bottom width
and side slope of open ditch sections, and such other information as may appear necessary for
understanding. Upon the completion of the alteration or change herein provided for, the ditch
shall thereafter include such alteration or change as a part of it with the same force and effect as
though it had been originally so constructed and established.
Subd. 2. Recovery of damages.
Within six years after completion of any alteration or
change as provided in this section, any owner or owners of lands in the drainage system claiming
damages by reason of the alteration or change may bring an action in the district court of the
county in which the lands are located to compel the commissioner to pay damages, if any, caused
by the alteration or change.
History: 1959 c 500 art 2 s 28; 1983 c 143 s 5; 1985 c 172 s 125; 1990 c 391 art 8 s 30