2001 Minnesota Statutes

     103E.315 Assessment of drainage benefits and damages. 

    Subdivision 1.    State land.  Property owned by the 
 state must have benefits and damages reported in the same manner 
 as taxable lands subject to the provisions relating to 
 conservation areas in section 103E.025. 

    Subd. 2.    Government property.  The viewers shall 
 report the benefits and damages to the state, counties, and 
 municipalities from the proposed drainage project.  The property 
 within the jurisdiction of a municipality, whether owned by the 
 municipality or by private parties, may be assessed as benefits 
 and damages to the municipality.  

    Subd. 3.    Public roads.  If a public road or street is 
 benefited or damaged, the state, county, or political 
 subdivision that is the governmental unit with the legal duty of 
 maintaining the road or street, must be assessed benefits or 
 damages to the road or street, except that benefits and damages 
 for bridges and culverts must be assessed to the governmental 
 unit that has the legal duty to construct and maintain the 
 bridge or culvert under section 103E.525. 

    Subd. 4.    Railway and other utilities.  The viewers 
 shall report the benefits and damages to railways and other 
 utilities, including benefits and damages to property used for 
 railway or other utility purposes.  

    Subd. 5.    Extent and basis of benefits.  (a) The 
 viewers shall determine the amount of benefits to all property 
 within the watershed, whether the property is benefited 
 immediately by the construction of the proposed drainage project 
 or the proposed drainage project can become an outlet for 
 drainage, makes an outlet more accessible, or otherwise directly 
 benefits the property.  The benefits may be based on:  

    (1) an increase in the current market value of property as 
 a result of constructing the project; 

    (2) an increase in the potential for agricultural 
 production as a result of constructing the project; or 

    (3) an increased value of the property as a result of a 
 potential different land use. 

    (b) Benefits and damages may be assessed only against the 
 property benefited or damaged or an easement interest in 
 property for the exclusive use of the surface of the property. 

    Subd. 6.    Benefits for proposed drainage project as 
 outlet.  (a) If the proposed drainage project furnishes an 
 outlet to an existing drainage system and benefits the property 
 drained by the existing system, the viewers shall equitably 
 determine and assess:  

    (1) the benefits of the proposed drainage project to each 
 tract or lot drained by the existing drainage system; 

    (2) a single amount as an outlet benefit to the existing 
 drainage system; or 

    (3) benefits on a watershed acre basis.  

    (b) Assessments that conform with the provisions in this 
 subdivision are valid.  If a single sum is assessed as an outlet 
 benefit, the lien for the assessment must be prorated on all 
 property benefited by the existing drainage system in proportion 
 to the benefits determined for the existing drainage system.  

    (c) Within the watershed that drains to the area where a 
 project is located, the viewers may assess outlet benefits on: 

    (1) property that is responsible for increased 
 sedimentation in downstream areas of the watershed; and 

    (2) property that is responsible for increased drainage 
 system maintenance or increased drainage system capacity because 
 the natural drainage on the property has been altered or 
 modified to accelerate the drainage of water from the property.  

    Subd. 7.    Benefits for project that increases drainage 
 capacity.  If part of a drainage project increases drainage 
 capacity and the increased capacity is necessary due to 
 increased drainage in the project watershed rather than 
 increased drainage in a specific area, the viewers may assess 
 benefits on property in the project watershed on a pro rata 
 basis.  

    Subd. 8.    Extent of damages.  Damages to be paid may 
 include: 

    (1) the fair market value of the property required for the 
 channel of an open ditch and the permanent grass strip under 
 section 103E.021; 

    (2) the diminished value of a farm due to severing a field 
 by an open ditch; 

    (3) loss of crop production during drainage project 
 construction; and 

    (4) the diminished productivity or land value from 
 increased overflow.  

    HIST: 1990 c 391 art 5 s 51