2006 Minnesota Statutes

103E.075 OBSTRUCTION OF DRAINAGE SYSTEM.
    Subdivision 1. Notification to responsible party. If the board determines that a drainage
system has been obstructed, including by the installation of bridges or culverts of insufficient
hydraulic capacity, the board shall notify the person or public authority responsible for the
obstruction as soon as possible and direct the responsible party to remove the obstruction or show
the board why the obstruction should not be removed. The board must set a time and location in
the notice for the responsible person to appear before the board.
    Subd. 2. Obstruction on private property. If the obstruction is on private property, the
owner is responsible for the obstruction unless the owner proves otherwise. The owner must be
notified by certified mail at least ten days before the hearing.
    Subd. 3. Obstruction hearing. The board shall hear all interested parties and if the board
determines that the drainage system has been obstructed by a person or public authority, the
board shall order the obstruction removed by the responsible party within a reasonable time set
in the order. If the obstruction is not removed by the prescribed time, the board shall have the
obstruction removed and the auditor shall make a statement of the removal cost. The statement
must be filed in the county recorder's office as a lien on the property where the obstruction is
located or against the responsible party. The lien must be enforced and collected as liens for
drainage repairs under this chapter, except that a lien may not be filed against private property if
the board determines that the owner of the property is not responsible for the obstruction. The lien
may be enforced against the responsible party by civil action.
History: 1990 c 391 art 5 s 16