2006 Minnesota Statutes

103E.711 COST APPORTIONMENT FOR JOINT COUNTY DRAINAGE SYSTEMS.
    Subdivision 1. Repair cost statement. For a joint county drainage system the auditor of a
county that has made repairs may present a repair cost statement at the end of each year, or other
convenient period after completion, to each affected county. The repair cost statement must
show the nature and cost of the repairs to the drainage system and must be based on the original
apportionment of cost following the establishment of the drainage system. If a board approves the
repair costs, the amount of the statement must be paid to the county submitting the statement.
    Subd. 2. Repair cost statement not paid. (a) If a county does not pay the amount of the
repair cost statement, the board of an affected county may petition the joint county drainage
authority. The petition must:
(1) show the nature and necessity of the repairs made to the drainage system in the county
during the period;
(2) show the cost of the repairs; and
(3) request the drainage authority to apportion the costs, by order, among the affected
counties.
(b) When the petition is filed, the drainage authority shall, by order, set a time and location for
a hearing to apportion the costs, and direct the auditor to give notice of the hearing to each affected
county by publication and notice by mail to its auditor. At or before the hearing, the auditor of each
affected county, except the petitioner, shall file with the drainage authority a statement showing:
(1) all repairs made to the drainage system in that county, not previously reimbursed;
(2) the nature and necessity of the repairs; and
(3) the cost of the repairs.
(c) The drainage authority has jurisdiction over the affected counties and shall hear all
interested parties. The drainage authority shall determine which repairs were necessary and
reasonable and proper costs. For the allowed repairs the drainage authority shall balance the
accounts among the affected counties, by charging each county with its proportionate share of
the cost of all repairs made and crediting each county with the amount paid for the repairs. The
drainage authority shall order a just reimbursement among the affected counties. A certified copy
of the order must be filed by the auditor with the auditors of affected counties, and the boards
shall make the required reimbursement.
History: 1990 c 391 art 5 s 92