Subdivision 1. Repair petition. An individual or an entity interested in or affected by a drainage system may file a petition to repair the drainage system. The petition must state that the drainage system needs repair. The auditor shall present the petition to the board at its next meeting or, for a joint county drainage system, to the drainage authority within ten days after the petition is filed.
Subd. 2. Engineer's repair report. If the drainage authority determines that the drainage system needs repair, the drainage authority shall appoint an engineer to examine the drainage system and make a repair report. The report must show the necessary repairs, the estimated cost of the repairs, and all details, plans, and specifications necessary to prepare and award a contract for the repairs. The drainage authority may give notice and order a hearing on the petition before appointing the engineer.
Subd. 3. Notice of hearing. When the repair report is filed, the auditor shall promptly notify the drainage authority. The drainage authority in consultation with the auditor shall set a time, by order, not more than 30 days after the date of the order for a hearing on the repair report. At least ten days before the hearing, the auditor shall give notice by mail of the time and location of the hearing to the petitioners, owners of property, and political subdivisions likely to be affected by the repair in the repair report.
Subd. 4. Hearing on repair report. (a) The drainage authority shall make findings and order the repair to be made if:
(1) the drainage authority determines from the repair report and the evidence presented that the repairs recommended are necessary for the best interests of the affected property owners; or
(2) the repair petition is signed by the owners of at least 26 percent of the property area affected by and assessed for the original construction of the drainage system, and the drainage authority determines that the drainage system is in need of repair so that it no longer serves its original purpose and the cost of the repair will not exceed the total benefits determined in the original drainage system proceeding.
(b) The order must direct the auditor and the chair of the board or, for a joint county drainage system, the auditors of the affected counties to proceed and prepare and award a contract for the repair of the drainage system. The contract must be for the repair described in the repair report and as determined necessary by the drainage authority, and be prepared in the manner provided in this chapter for the original drainage system construction.
Subd. 5. Apportioning repair cost for joint county drainage system. For the repair of a joint county drainage system, the drainage authority shall, by order, apportion the repair cost among affected counties in the same manner required in the original construction of the drainage system.
Subd. 6. Repair by resloping ditches, incorporating multistage ditch cross section, leveling spoil banks, installing erosion control, or removing trees. (a) For a drainage system that is to be repaired by resloping ditches, incorporating a multistage ditch cross section, leveling spoil banks, installing erosion control measures, or removing trees, before ordering the repair, the drainage authority must appoint viewers to assess and report on damages and benefits if it determines that:
(1) the resloping, incorporation of a multistage ditch cross section, spoil bank leveling, installation of erosion control measures, or tree removal will require the taking of any property not contemplated and included in the proceeding for the establishment or subsequent improvement of the drainage system; or
(2) any spoil bank leveling or tree removal will directly benefit property where the spoil bank leveling or tree removal is specified.
(b) The viewers shall assess and report damages and benefits as provided by sections 103E.315 and 103E.321. The drainage authority shall hear and determine the damages and benefits as provided in sections 103E.325, 103E.335, and 103E.341. The hearing shall be held within 30 days after the property owners' report is mailed. Damages must be paid as provided by section 103E.315 as a part of the cost of the repair, and benefits must be added to the benefits previously determined as the basis for the pro rata assessment for the repair of the drainage system for the repair proceeding only.
1990 c 391 art 5 s 93; 2013 c 4 s 14
Structure Minnesota Statutes
Section 103E.005 — Definitions.
Section 103E.011 — Drainage Authority Powers.
Section 103E.015 — Considerations Before Drainage Work Is Done.
Section 103E.021 — Planting Ditches With Perennial Vegetation.
Section 103E.031 — Connection With Drains In Adjoining States.
Section 103E.035 — Defective Notice.
Section 103E.041 — Personal Service In Lieu Of Other Methods Of Notice.
Section 103E.043 — Informal Meetings.
Section 103E.045 — Failure To Attend Hearings; Drainage Authority.
Section 103E.051 — Defective Proceedings.
Section 103E.055 — Reimbursing Cost Of Former Surveys When Used Later.
Section 103E.061 — Right Of Entry.
Section 103E.065 — Drainage Inspectors.
Section 103E.067 — Ditch Buffer Strip; Annual Reporting.
Section 103E.071 — County Attorney.
Section 103E.075 — Obstructing Drainage System.
Section 103E.081 — Crimes Related To Drainage Systems; Penalties.
Section 103E.085 — Enforcement.
Section 103E.095 — Appeal From Orders Dismissing Or Establishing Drainage Systems.
Section 103E.097 — Attorney Fees On Appeal.
Section 103E.101 — Drainage Proceeding And Construction Records.
Section 103E.105 — Advice About Drainage Questions.
Section 103E.111 — Field Surveys And Investigations By Director.
Section 103E.115 — Hydrological And Drainage Information.
Section 103E.121 — Drain Tile; Manufacturing Studies.
Section 103E.212 — New Drainage System Projects.
Section 103E.215 — Improving Drainage Systems.
Section 103E.221 — Improving Outlets.
Section 103E.227 — Impounding, Rerouting, And Diverting Drainage System Waters.
Section 103E.231 — Dismissing Or Delaying Proceedings; Petitioners.
Section 103E.235 — Drainage System In Two Or More Counties.
Section 103E.238 — County Attorney Review Of Petition And Bond.
Section 103E.245 — Preliminary Survey And Preliminary Survey Report.
Section 103E.251 — Filing Preliminary Survey Report.
Section 103E.255 — Commissioner's Preliminary Advisory Report.
Section 103E.261 — Preliminary Hearing.
Section 103E.265 — Order For Detailed Survey And Survey Report.
Section 103E.271 — Detailed Survey.
Section 103E.275 — Engineer's Variance From Drainage Authority Order.
Section 103E.281 — Soil Survey.
Section 103E.285 — Detailed Survey Report.
Section 103E.291 — Filing Detailed Survey Report.
Section 103E.295 — Revising Engineer's Detailed Survey Report After Acceptance.
Section 103E.301 — Commissioner's Final Advisory Report.
Section 103E.305 — Viewers' Appointment And Qualification.
Section 103E.311 — Viewer Duties.
Section 103E.315 — Assessing Drainage Benefits And Damages.
Section 103E.321 — Viewers' Report.
Section 103E.323 — Property Owners' Report.
Section 103E.325 — Final Hearing Notice.
Section 103E.331 — Jurisdiction Of Property By Drainage Authority.
Section 103E.335 — Proceedings At Final Hearing.
Section 103E.341 — Drainage Authority Final Order.
Section 103E.345 — Apportioning Cost For Joint County Drainage Systems.
Section 103E.351 — Redetermining Benefits And Damages.
Section 103E.401 — Use Of Drainage System As Outlet.
Section 103E.405 — Outlets In Adjoining States.
Section 103E.411 — Drainage System As Outlet For Municipality.
Section 103E.501 — Contract And Bond.
Section 103E.505 — Awarding Construction Contract.
Section 103E.511 — Contract Not Awarded; Excessive Bids Or Costs.
Section 103E.515 — Damages; Payment.
Section 103E.521 — Construction Supervision.
Section 103E.525 — Constructing And Maintaining Bridges And Culverts.
Section 103E.526 — Constructing Road Instead Of Bridge Or Culvert.
Section 103E.53 — Rules To Standardize Forms.
Section 103E.531 — Inspecting Drainage Construction; Partial Payments.
Section 103E.535 — Partial Payment Of Retained Contract Amounts.
Section 103E.541 — Extending Time On Contracts.
Section 103E.545 — Reducing Contractor's Bond.
Section 103E.551 — Contractor Default.
Section 103E.555 — Accepting Contract.
Section 103E.601 — Drainage Lien Statement.
Section 103E.605 — Effect Of Filed Drainage Lien.
Section 103E.611 — Paying Drainage Liens And Interest.
Section 103E.615 — Enforcing Assessments.
Section 103E.621 — Satisfying Liens.
Section 103E.625 — Subdivision By Platting; Liens Apportioned.
Section 103E.631 — Apportioning Liens.
Section 103E.635 — Drainage Bond Issues.
Section 103E.641 — Drainage Funding Bonds.
Section 103E.645 — Allowance And Payment Of Fees And Expenses.
Section 103E.651 — Drainage System Account.
Section 103E.655 — Paying Drainage System Costs.
Section 103E.661 — Examining And Establishing Drainage System Accounts; State Auditor.
Section 103E.705 — Repair Procedure.
Section 103E.711 — Cost Apportionment For Joint County Drainage Systems.
Section 103E.715 — Repair By Petition.
Section 103E.721 — Replacement And Hydraulic Capacity Of Bridges And Culverts.
Section 103E.725 — Cost Of Repair.
Section 103E.728 — Apportioning Repair Costs.
Section 103E.729 — Apportioning Repair Costs; Alternative Option.
Section 103E.731 — Assessment; Bonds.
Section 103E.735 — Drainage Systems; Repair Fund.
Section 103E.741 — Property Not Assessed Benefits; Hearing.
Section 103E.745 — Cost Of Repair Exceeding Benefits In Anoka County.
Section 103E.801 — Consolidating Or Dividing Drainage Systems.
Section 103E.805 — Removing Property From Drainage System.
Section 103E.806 — Partial Abandonment Of Drainage System.
Section 103E.811 — Abandoning Drainage System.
Section 103E.812 — Transfer Of All Or Part Of Drainage System.