Title Minnesota Statutes, Minnesota Statutes

103E.331 JURISDICTION OF PROPERTY BY DRAINAGE AUTHORITY. After the final hearing notice is given, the drainage authority has jurisdiction of all property described in the detailed survey report and viewers' report, of the persons and municipalities named in the reports, and of pe…

103E.335 PROCEEDINGS AT FINAL HEARING. § Subdivision 1.Consideration of petition and reports. At the time and location for the final hearing specified in the notice, or after the hearing adjourns, the drainage authority shall consider the petition for the drainage project, with a…

103E.341 DRAINAGE AUTHORITY FINAL ORDER. § Subdivision 1.Dismissal of proceedings. The drainage authority must dismiss the proceedings and petition, by order, if it determines that: (1) the benefits of the proposed drainage project are less than the total cost, including damages …

103E.345 APPORTIONING COST FOR JOINT COUNTY DRAINAGE SYSTEMS. For joint county proceedings, the auditor where the petition is filed shall file a certified copy of the viewers' report with the auditor of each affected county within 20 days after the date of the final order establi…

103E.351 REDETERMINING BENEFITS AND DAMAGES. § Subdivision 1.Conditions to redetermine benefits and damages; appointing viewers. (a) If the drainage authority determines that the benefits or damages of record determined in a drainage proceeding do not reflect reasonable present-d…

103E.401 USE OF DRAINAGE SYSTEM AS OUTLET. § Subdivision 1.Drainage outlet proceedings when purchasing wetlands. If the commissioner purchases wetlands under section 97A.145, the commissioner must recognize that when a majority of landowners or owners of a majority of the land in…

103E.405 OUTLETS IN ADJOINING STATES. In any drainage proceeding, at the hearing on the detailed survey report and viewers' report, if the drainage authority determines that a proper outlet for the drainage system does not exist except through property in an adjoining state, the …

103E.411 DRAINAGE SYSTEM AS OUTLET FOR MUNICIPALITY. § Subdivision 1.Petition. A municipality may use a drainage system as an outlet for its municipal drainage system or the overflow from the system under the provisions of this section. The municipality must petition to the drain…

103E.501 CONTRACT AND BOND. § Subdivision 1.Preparation. The county attorney, the engineer, and the attorney for the petitioners shall prepare the contract and bond. The contract and bond must include the provisions required by this chapter and section 574.26 for bonds given by c…

103E.505 AWARDING CONSTRUCTION CONTRACT. § Subdivision 1.Auditors and drainage authority to proceed. Thirty days after the order establishing a drainage project is filed, the auditor and the drainage authority or, for a joint county drainage project, a majority of the auditors of…

103E.511 CONTRACT NOT AWARDED; EXCESSIVE BIDS OR COSTS. § Subdivision 1.Applicability. The procedure in this section may be used if, after a drainage system is established: (1) the only bids received are for more than 30 percent in excess of the engineer's estimated cost, or in e…

103E.515 DAMAGES; PAYMENT. The board of each county where the damaged property is located must order the awarded damages to be paid, less any assessment against the property, before the property is entered for construction of the drainage project. If a county or a municipality th…

103E.521 CONSTRUCTION SUPERVISION. The drainage authority shall require the engineer to supervise and inspect the construction under contract. The drainage authority shall cause the contracts under this chapter to be performed properly. History: 1990 c 391 art 5 s 67

103E.525 CONSTRUCTING AND MAINTAINING BRIDGES AND CULVERTS. § Subdivision 1.Hydraulic capacity. A public or private bridge or culvert may not be constructed or maintained across or in a drainage system with less hydraulic capacity than specified in the detailed survey report, exc…

103E.526 CONSTRUCTING ROAD INSTEAD OF BRIDGE OR CULVERT. If the drainage authority finds that constructing a private road would be more cost-effective or practical than constructing a bridge or culvert, the drainage authority may order that a private road be constructed. The priv…

103E.53 RULES TO STANDARDIZE FORMS. The director may adopt rules to standardize the forms and sizes of maps, plats, drawings, and specifications in drainage proceedings. The director must require the permanent grass strips acquired under section 103E.021 to be shown on the maps a…

103E.531 INSPECTING DRAINAGE CONSTRUCTION; PARTIAL PAYMENTS. § Subdivision 1.Inspection and report. The engineer shall inspect and require the work as it is being completed to be done in accordance with the plans, specifications, and contract for construction. Each month during t…

103E.535 PARTIAL PAYMENT OF RETAINED CONTRACT AMOUNTS. § Subdivision 1.Petition for partial payment of retained value. If a single contract exceeds $50,000, and the contract, exclusive of materials furnished and not installed, is one-half or more complete and the contractor is no…

103E.541 EXTENDING TIME ON CONTRACTS. The auditors of affected counties may extend the time for the performance of a contract as provided in this section. The contractor may apply, in writing, for an extension of the contract. Notice of the application must be given to: (1) the e…

103E.545 REDUCING CONTRACTOR'S BOND. § Subdivision 1.Application to drainage authority. (a) The contractor, at the end of each season's work and before the contract is completed, may make a verified application to the drainage authority to reduce the contractor's bond and file th…

103E.551 CONTRACTOR DEFAULT. § Subdivision 1.Notice. If a contractor defaults in the performance of the contract, the auditor shall mail a notice of the default to the contractor, the surety of the contractor's bond, the engineer, and the auditors of the affected counties. The no…

103E.555 ACCEPTING CONTRACT. § Subdivision 1.Engineer's report and notice. When a contract is completed, the engineer shall make a report to the drainage authority showing the contract price, the amount paid on certificates, the unpaid balance, and the work that is completed unde…

103E.601 DRAINAGE LIEN STATEMENT. § Subdivision 1.Determining property liability. When the contract for the construction of a drainage project is awarded, the auditor of an affected county shall make a statement showing the total cost of the drainage project with the estimated co…

103E.605 EFFECT OF FILED DRAINAGE LIEN. The amount recorded from the drainage lien statement and supplemental drainage lien statement that each tract of property will be liable for, and the interest allowed on that amount, is a drainage lien on the property. The drainage lien is …

103E.611 PAYING DRAINAGE LIENS AND INTEREST. § Subdivision 1.Paying lien principal. (a) Drainage liens against property benefited under this chapter are payable to the treasurer of the county in 20 or less equal annual installments. The first installment of the principal is due o…

103E.615 ENFORCING ASSESSMENTS. § Subdivision 1.Municipalities. Assessments filed for benefits to a municipality are a liability of the municipality and are due and payable with interest in installments on November 1 of each year as provided in section 103E.611. If the installmen…

103E.621 SATISFYING LIENS. When a drainage lien with the accumulated interest is fully paid, the auditor shall issue a certificate of payment with the auditor's official seal and record the certificate with the county recorder. The recorded certificate releases and discharges the…

103E.625 SUBDIVISION BY PLATTING; LIENS APPORTIONED. A tract of property with a drainage lien that is subdivided by platting is not complete and the plat may not be recorded until the drainage liens against the tracts are apportioned and the apportionment is filed with the county…

103E.631 APPORTIONING LIENS. § Subdivision 1.Petition. A person who has an interest in property that has a drainage lien attached to it may petition the drainage authority to apportion the lien among specified portions of the tract if the payments of principal and interest on the…

103E.635 DRAINAGE BOND ISSUES. § Subdivision 1.Authority. After the contract for the construction of a drainage project is awarded, the board of an affected county may issue the bonds of the county in an amount necessary to pay the cost of establishing and constructing the draina…

103E.641 DRAINAGE FUNDING BONDS. § Subdivision 1.Authority. The board may issue drainage funding bonds under the conditions and terms in this section. § Subd. 2.Conditions for issuance. Drainage funding bonds may be issued if: (1) money in a drainage system account or in the comm…

103E.645 ALLOWANCE AND PAYMENT OF FEES AND EXPENSES. § Subdivision 1.Fees and expenses. The fees and expenses in this section are allowed and must be paid for services provided under this chapter. § Subd. 2.Engineer, engineer's assistants, and other employees. The compensation of…

103E.651 DRAINAGE SYSTEM ACCOUNT. § Subdivision 1.Funds for costs. The board shall provide funds to pay the costs of drainage projects and systems. § Subd. 2.Accounts. The auditor shall keep a separate account for each drainage system. The account must be credited with all money …

103E.655 PAYING DRAINAGE SYSTEM COSTS. § Subdivision 1.Payment made from drainage system account. The costs for a drainage project proceeding and construction must be paid from the drainage system account by drawing on the account. § Subd. 2.Insufficient funds; transfer from othe…

103E.661 EXAMINING AND ESTABLISHING DRAINAGE SYSTEM ACCOUNTS; STATE AUDITOR. § Subdivision 1.Application to examine accounts. A county may apply, by resolution, to the state auditor to examine the accounts and records of any or all drainage systems in the county. § Subd. 2.Establ…

103E.701 REPAIRS. § Subdivision 1.Definition. The term "repair," as used in this section, means to restore all or a part of a drainage system as nearly as practicable to the same hydraulic capacity as originally constructed and subsequently improved, including resloping of ditche…

103E.705 REPAIR PROCEDURE. § Subdivision 1.Inspection. After the construction of a drainage system has been completed, the drainage authority shall maintain the drainage system that is located in its jurisdiction, including the permanent strips of perennial vegetation under secti…

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 com…

103E.715 REPAIR BY PETITION. § 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 …

103E.721 REPLACEMENT AND HYDRAULIC CAPACITY OF BRIDGES AND CULVERTS. § Subdivision 1.Report on hydraulic capacity. If the engineer determines in a drainage system repair proceeding that because of added property under section 103E.741 or otherwise, a bridge constructed or replace…

103E.725 COST OF REPAIR. All fees and costs incurred for proceedings relating to the repair of a drainage system, including inspections, engineering, viewing, and publications, are costs of the repair and must be assessed against the property and entities benefited. History: 1990…

103E.728 APPORTIONING REPAIR COSTS. § Subdivision 1.Generally. The cost of repairing a drainage system shall be apportioned pro rata on all property and entities that have been assessed benefits for the drainage system except as provided in this section. § Subd. 2.Additional asse…

103E.729 APPORTIONING REPAIR COSTS; ALTERNATIVE OPTION. § Subdivision 1.Option. Notwithstanding any conflicting provision of this chapter, a drainage authority may use the option under this section to apportion repair costs on all property contributing runoff to the drainage syst…

103E.731 ASSESSMENT; BONDS. § Subdivision 1.Repair cost of assessments. If there is not enough money in the drainage system account to make a repair, the board shall assess the costs of the repairs on all property and entities that have been assessed benefits for the drainage sys…

103E.735 DRAINAGE SYSTEMS; REPAIR FUND. § Subdivision 1.Authority and limits of fund. To create a repair fund for a drainage system to be used only for repairs, the drainage authority may apportion and assess an amount against all property and entities assessed for benefits in pr…

103E.741 PROPERTY NOT ASSESSED BENEFITS; HEARING. § 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 …