2006 Minnesota Statutes

103E.735 DRAINAGE SYSTEM REPAIR FUND.
    Subdivision 1. Authority and limits of fund. To create a repair fund for a drainage system
to be used only for repairs, the drainage authority may apportion and assess an amount against
all property and entities assessed for benefits in proceedings for establishment of the drainage
system, including property not originally assessed and subsequently found to be benefited
according to law. The fund may not exceed 20 percent of the assessed benefits of the drainage
system or $40,000, whichever is greater. If the account in a fund for a drainage system exceeds
the larger of 20 percent of the assessed benefits of the drainage system or $40,000, assessments
for the fund may not be made until the account is less than the larger of 20 percent of the assessed
benefits or $40,000. Assessments must be made pro rata according to the determined benefits.
Assessments may be made payable, by order, in equal annual installments. The auditor shall file
a tabular statement as provided in section 103E.731, subdivision 4, with the county recorder.
Assessments must be collected as provided in section 103E.731.
    Subd. 2. Transfer of drainage system. If a drainage system within the county has been
taken over by a watershed district, or if responsibility for repair and maintenance of the drainage
system has been assumed by any other governing body, the board may transfer any remaining
surplus of the drainage system repair fund to the repair fund of the watershed district or to the
appropriate fund of any existing governing body having responsibility for repair and maintenance
of the drainage system.
History: 1990 c 391 art 5 s 98