Subdivision 1. Petition. Upon the filing of a petition by the commissioner with the appropriate county auditor setting forth that it would be advantageous or desirable in the construction or maintenance of a trunk highway to make a minor alteration or change in a public drainage system directly affecting a trunk highway and that the alteration or change will not affect the functioning or efficiency of the public drainage system, the auditor shall fix a time and place for hearing and give notice of the hearing by publication, as defined in section 103E.325. Upon the filing of the petition, the commissioner shall also file a plan showing in detail the alteration or change petitioned for. If upon the hearing it appears to the county board or joint county ditch authority that the alteration or change in the public drainage system will not affect or impair the efficiency of the drainage system, the board or authority shall make its order allowing the commissioner to make the alteration or change petitioned for. Upon the making of the order by the county board or the joint county ditch authority, the commissioner may proceed at the sole cost and expense of the state to make the alterations or changes as may be in the order allowed, damages, if any, for any additional lands necessary for the change or alteration being first duly paid or secured. Upon completion of the alteration or change, the commissioner shall file with the appropriate auditor a map drawn to scale showing the change or alteration made and shall also file a profile of all lines of the alteration or change in the ditch showing graphically the elevation of the ground and gradient, whether open or tiled, the size of tile, and the bottom width and side slope of open ditch sections, and such other information as may appear necessary for understanding. Upon the completion of the alteration or change herein provided for, the ditch shall thereafter include such alteration or change as a part of it with the same force and effect as though it had been originally so constructed and established.
Subd. 2. Recovery of damages. Within six years after completion of any alteration or change as provided in this section, any owner or owners of lands in the drainage system claiming damages by reason of the alteration or change may bring an action in the district court of the county in which the lands are located to compel the commissioner to pay damages, if any, caused by the alteration or change.
1959 c 500 art 2 s 28; 1983 c 143 s 5; 1985 c 172 s 125; 1990 c 391 art 8 s 30
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Section 161.04 — Trunk Highway Fund.
Section 161.081 — Highway User Tax, Distribution, Investment.
Section 161.082 — County Turnback Account, Expenditures.
Section 161.083 — Municipal Turnback Account, Expenditure.
Section 161.084 — Surplus Funds In Turnback Accounts.
Section 161.085 — Appropriation From Turnback Accounts.
Section 161.088 — Corridors Of Commerce Program.
Section 161.089 — Report On Dedicated Fund Expenditures.
Section 161.09 — Department Orders, Files, And Records.
Section 161.095 — Travel Expense For Job Applicants.
Section 161.10 — Investigations, Recommendations, Reports.
Section 161.11 — Compensation Insurance.
Section 161.114 — Constitutional Trunk Highways.
Section 161.115 — Additional Trunk Highways.
Section 161.117 — Trunk Highways; Additional Routes.
Section 161.12 — Additional Routes Added; Federal Aid.
Section 161.122 — Restrictions On Marked Trunk Highway 51.
Section 161.1231 — Parking Facilities For I-394.
Section 161.1245 — Highway Construction; Authorizations And Restrictions.
Section 161.125 — Sound Abatement Along Highways.
Section 161.139 — Highway Designation Costs.
Section 161.14 — Names And Designations Of Certain Highways.
Section 161.141 — Northwest Angle, Connecting Highway; Federal Approval.
Section 161.1419 — Mississippi River Parkway Commission.
Section 161.142 — Great River Road.
Section 161.148 — Great River Road, Location Of Route.
Section 161.15 — Specific Location; Limitation On Deviations.
Section 161.16 — Highway Designation, Vacation, Reversion, Survey.
Section 161.162 — Definitions.
Section 161.163 — Highway Project Review.
Section 161.164 — Final Layout Approval Process.
Section 161.165 — Commissioner Action; Interstate Highways.
Section 161.166 — Commissioner Action; Other Highways.
Section 161.167 — Reimbursement Of Expenses.
Section 161.18 — Prior Easements Vest In State.
Section 161.19 — Certain Records Obtained And Filed.
Section 161.20 — General Powers Of Commissioner.
Section 161.202 — Replacement Of Public Lands.
Section 161.23 — Excess Acquisition.
Section 161.231 — Appropriation; Proceeds From State Property.
Section 161.24 — Changes Required By Construction Of Trunk Highway.
Section 161.241 — Relocation Of Railroad Tracks, Acquisition Of Land.
Section 161.242 — Junk Yard Act.
Section 161.25 — Temporary Trunk Highway Detour; Haul Road.
Section 161.26 — Highway Maintained Across Portion Of Adjoining State.
Section 161.261 — Connector Segments With Other States.
Section 161.27 — Trunk Highways Across Bodies Of Water.
Section 161.28 — Altering Public Drainage Ditch By Trunk Highway.
Section 161.29 — Acquiring Toll Bridge For Trunk Highway System.
Section 161.30 — Marking Design.
Section 161.31 — Maps And Pamphlets.
Section 161.315 — Protection Of Public Contracts.
Section 161.32 — Contracting For Work On Trunk Highway.
Section 161.3203 — Contracts For Work For Trunk Highway.
Section 161.3206 — Best-value Contracting Authority.
Section 161.3207 — Construction Manager/general Contractor Contracts; Definitions.
Section 161.3208 — Construction Manager/general Contractor; Authority.
Section 161.3209 — Construction Manager/general Contractor; Procedures.
Section 161.321 — Small Business Contracts.
Section 161.3212 — Working Capital Fund.
Section 161.322 — Payment Of Interest To Contractors.
Section 161.33 — Employee Interest In Contract, Unlawful.
Section 161.34 — Contract Claims Against State.
Section 161.3410 — Design-build Contracts; Definitions.
Section 161.3412 — Design-build Authority.
Section 161.3414 — Determination To Use Design-build Selection Method.
Section 161.3416 — Design-build Notice; Report.
Section 161.3418 — Licensing Requirements.
Section 161.3420 — Design-build Rfq; Selection Team; Evaluation.
Section 161.3422 — Rfp For Design-build.
Section 161.3424 — Replacing Team Members.
Section 161.3426 — Design-build Award.
Section 161.361 — Advance Funding For Trunk Highway Projects.
Section 161.365 — Highway Contract Specifications; Minimum Wage.
Section 161.366 — Construction Contract; Taconite Relief Area.
Section 161.368 — Highway Contracts With Tribal Authorities.
Section 161.37 — Surplus Government Materials.
Section 161.38 — Special Agreements For Highways In Municipalities.
Section 161.39 — Aid To Other Road Authorities And State Departments.
Section 161.391 — Pavement Striping.
Section 161.40 — Joint Facilities With Division Of Emergency Management.
Section 161.41 — Surplus Property Not Needed For Highway Purposes.
Section 161.411 — Sale Of Surplus Earth Material.
Section 161.42 — Leasing Or Sale Of Sounding And Testing Equipment.
Section 161.43 — Relinquishment Of Highway Easement.
Section 161.431 — Leasing Of Highway Easement.
Section 161.433 — Use Of Highway Airspace And Subsurface.
Section 161.434 — Interstate And Trunk Highway Rights-of-way; Limited Use.
Section 161.44 — Relinquishment Of Land No Longer Needed.
Section 161.441 — Land Acquisition Agreement With Others.
Section 161.442 — Reconveyance To Former Owner.
Section 161.45 — Utility On Highway Right-of-way; Relocation.
Section 161.46 — Reimbursement Of Utility.
Section 161.462 — Fiber Collaboration Database.
Section 161.465 — Reimbursement For Fire Services.