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103E.741 INCLUSION OF PROPERTY THAT HAS NOT BEEN ASSESSED BENEFITS.
    Subdivision 1. Consideration by engineer. In a proceeding to repair a drainage system,
if the engineer determines or is made aware that property that was not assessed for benefits for
construction of the drainage system has been drained into the drainage system or has otherwise
benefited from the drainage system, the engineer shall submit a map with the repair report. The
map must show all public and private main ditches and drains that drain into the drainage
system, all property affected or otherwise benefited by the drainage system, and the names of the
property owners to the extent practicable. The property owners must be notified of the hearing on
the repair report at least ten days before the hearing. The auditor must give notice of the time
and location of the hearing by mail.
    Subd. 2. Appointment of viewers. At the hearing on the repair report, if the drainage
authority determines that property not assessed for benefits for the construction of the drainage
system has been benefited by the drainage system, the drainage authority shall appoint viewers
as provided by section 103E.305 before the repair contract is awarded. The viewers shall
determine the benefits to all property and entities benefited by the original construction of the
drainage system and not assessed for benefits arising from its construction. The viewers shall
make a viewers' repair report to the drainage authority as provided by section 103E.315. When
the viewers' repair report is filed, the auditor shall give notice of a hearing as required by section
103E.325 and the drainage authority has jurisdiction of each tract of property described in the
viewers' report as provided in section 103E.331.
    Subd. 3. Viewers' repair report hearing. At the hearing on the viewers' repair report, the
drainage authority shall hear all interested parties and determine the benefits to property and
entities benefited by the original construction of the drainage system and not assessed for benefits.
    Subd. 4. Appeal of assessment order. A person may appeal from the order determining the
assessments as provided by section 103E.091.
    Subd. 5. Property benefited in hearing order included in future proceedings. For the
repair of the drainage system under this section that included the property that was not assessed
and in all future proceedings relating to repairing, cleaning, improving, or altering the drainage
system, the property benefited in the viewers' report hearing is part of the property benefited by
the drainage system and must be assessed, in the same manner provided for the assessment of the
property originally assessed for and included in the drainage system.
History: 1990 c 391 art 5 s 99

Official Publication of the State of Minnesota
Revisor of Statutes