Morris tribune., 1883-05-30
DRAINAGE.
92

AN ACI TO euaplS Ju6 OWuSrS OF 10 Drain anu
reclaim them when same cannot be done with
out affecting the lands of others; prescribing the
powers and duties of county commissioners and
other officers in the premises. and to provide for
the repair and enlargement of such drains, and
repeating certain acts therein specified. and de-
carng an emergency.
Be it enacted by the Legislature of the State OF
Minnesota:
Section l. That the board of county commits
soners of any county shall have power, at any
regular session. when the same shall be conducive
to the pubic health, convenience or welfare,
where the same will be of public benefit utility,
to to be constructed, hereinafter provided,
any ditch, drain water within sad county.
Sec. 2. That before the board of commissioners
shall establish any ditch drain or water course,
there shall be filed with the auditor of such county
petition, signed by more of the land owners
whose lands will be liable to be affected by, or
sessed for, the expense of the construction of the
same, setting forth the necessity thereof, with q
general description of the proposed starting point,
route and terminus, and such petitioner or potion
shall give bond, with good and sufficient free
hold sureties, payable to the state to be approved
by the auditor, conditioned to pay all expense in
the board of commissioners shall fail to eStab
lish such proposed ditch, drain or water course AS
said petition is filed said board shall, if in
regular session, at their next regular session. APP
point three resident freehoders OF the county, not
interested in the construction of the proposed work,
and not of kin to any parties Interested therein, as
viewers, to meet at a time and place specified by
said board, preparatory to commencing thor duties
as hereinafter specified. And 1t shall be the duty
of the auditor Ihereupon to issue to said viewers
CerleQ copy OF the DetlOn anu order OF the DOaru,
VINO shall proceed at the time set IN said Order with
a surveyor who snail be civil engineer, and shall
make accurate survey of the line of said ditch,
drain water course, from its to its outlet
and they shall cause stakes or monuments to be set
along said line, numbered progressively down
stream, at each one hundred feet; and they shall
make computation of the total number of cubic
yards OF earth 10 be excavated and removed from
said ditch drain or water course; and estimate
of the total of construction of the whole work.
And they shall set apart and apporton to each par
/ eel q a IN nj q.
and to The county when pubic highways are bene-
flied, share of said work, in proportion to the
benefits which will result to each from such i'm
provement, and give location OF each share, Its
length in feet, and the estimated number of cubic
yards of earth to be removed therefrom, and the
price per cubic yard and the cost of the construc-
ton of each share or allotment separately, and
specify the manner in which tho work shall be
done, and they snail have power, where they ind
it necessary, to provide for running said ditch
under ground, through drain tiles or other mate
rails, they deem best by specifying the size aud
kind of tile other material to be used in such
foreground work, and shall estimate the cost OF the
I same part of the total cost of the work, and
they shall accurately describe as the same is de-
scrbed the county tax duplicate, each parcel of
the land to be assessed for the construction Of said
ditch, giving the number of in each tract
Sessed, and the estimated number of acres
benefited, the amount that each tract of land will
be benefited by construction of said work, and the
amount that each tract IS assessed therefor. And
they shall, in tabular FORM give the depth of cut,
width at the bottom and width at tue top, at the
source, outlet. and at each hundred foot stake
| or monument of said ditch, drain, water course
And they shall also ascertain and give the of
! the owners of the lands that assessed for
structon Of said ditch, drain water course, far
as they be ascertained with reasonable inquiry
/ and search of the public records, and report also
whether or not the proposed ditch or drain will be
OF public utility
! Sec. 3. Whenever public ditch, drain or water
course is located wholly or in part in the bed of a
private ditch already or partially constructed, the
| viewers shall make an estimate OF the number Of
orHs DIV aT-a&a
! of same, on each tract of land, and deduct
| the same from the assessment thereon.
Sec. 1. Ali lands benefited by public ditch,
drain or water course, snail be assessed IN proper
tioa to the benefits for the construction thereof,
I whether it passes through said lands not, and
the viewers in estimating the benefits 10 lands not
trayersed by said ditch, shall not consider what
benefits such lands shall receive after some other
ditch bitches snail be constructed, but only the
benefits that will be received by reasons of the
construction of the public ditch as it affords an
outlet for the drainage of such lands
| Sec s. In locating ditch, drain or water course,
the viewers may vary from the line described in
the petition, they deem best, provided they CON-
mence the ditch at the point described in the petit
ton, ami follow down the line therein described
as practicable; and providedfurther that when
there is not sufficient fall IN length OF the route
described in the petition to drain the lands adjacent
thereto, they may extend the ditch below the outlet
| named in the petition far enough, not exceeding
/ one-half mile to obtain sufficient fall and outlet
And when it will not be detrm entail to the useful
ness of the whole work, they SHALL as far as prac-
ticable, locate the ditch on division lines between
lands owned by different persons; and they shall so
far as practicable avoid laying the diagoually
across the lands, but they must not sacrifice the
general utility of the ditch to avoid diagonal lines
| And ali persons whose lands may be affected by
said ditch, may appear before said viewers, and
freely express their opinions all matters pertain
! ing thereto.
Sec. G. In locating a public drain or water
course the viewers shall estimate the damages, if
any, that any person persons will sustain by
reason of the construction of such ditch, and
! such damages to parties owing the lands benefited,
in proportion each tract OF land is assessed for
| benefits.
Sec 2. The viewers, if they find the route pro-
posed is not such as best to effect the OBJECT sought
! or that the proposed drainage can be affected as
| well in construction with ditch necessary for the
| Improvement of public highways already estab-
shed, or such as may be thereafter required shall
proceed to establish the route; If the route pro-
posed is upon section line where public road
may be required, and in all in which the route
| proposed is along highways already established.
| the viewers shall locate the ditch at a sufficient
distance from the center of such highway to admit
of good road along such central line; the earth
| taken from the ditch shall be placed upon the
| roadway as to form turnpike, and no nearer to
the margin thereof than two feet but in locating
| drain as above the viewers shall not materially
depart from the terminal points described in said
! Sec 8. Said viewers may, after having met at
the time and place specified in the order issued to
them by the auditor, proceed Immediately to per-
form their said duties, adjourn from time to time,
as best suits their convenience, and file their report
with the auditor at least four weeks before the next
regular meetin g of said board of commissioners.
| Provided the water be high. or the weather in
clement, they shall not be compelled to file the re-
port until at least four weeks before the second
regular meeting of said board after having recelV
their orders from the auditor but their report must
then state the reason for such pestponement. And
if the viewers find the proposed ditch. drain, or
watercourse not of public benefit or utility, they
! may report against the location of the same in
which case their report need only state that they
find the proposed works not to be OF pubic benefit
or utility.
Sec g. It shall be the duty Of the auditor on
said report being filed, if it be in favor of the pro-
posed work, to notice to be given, by publ
cation for three consecutive weeks by posting three
written copies of said notice in three public places
in the township or townships where the proposed
work is located, and one at the door of the court
house said county, of the tendency of said petition
and of the time set for the hearing thereof which
notice shall briefly state where said ditch COM
mences at its source through whose land it passes,
and where it terminates at the outlet together with
the names of the owners of the lands that will be
affected thereby, far as they can be ascertained
with reasonable inquiry and search of the public
records in the Offices of the clerk recorder auditor
and treasurer: and at the same time the auditor shall
mail copy of The same to all non-residents whose
address is known to him or can be ascertaned by
inuuiring at the treasurers Office
| Sec 10. Said board of commissioners, at the time
set for the hearing of said petition SHALL If there is
no remonstrance filed, proceed to hear said petition,
and if they find the viewers report is made in &C.
cordance with the provisions of this act and it be
in favor of the proposed work, and they find the
proposed drain to be of public utility conducive
to public health, of public benefit or convenience
they shall establish the same specified in the
port. But if the viewers report against the pro-
posed work. the board shall dismiss the petition aud
tax the cost hereinafter provided. And when
damages are awarded to any person or persons, OF
corporations, provided by this act, the board Of
commissioners shall order the same to be paid ou
of the county ury to the person or persons
corporations, entitled thereto.
Sec. IL. 1t shall be lawful for any person inter-
ested in the location of said proposed work, to file
with the board of commissioners, at or before the