Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-19
DRAINAGE.

AN ACT to enable the owners Of lands to drain and
reclaim them when same cannot be done with
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-
claring 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 public health, convenience or welfare, or
where the same will be of public benefit or utility,
to cause to be constructed, hereinafter provided
any ditch, drain or water course within sac county
Sec. .. 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 or more Of the land owners
whose lands will be liable be affected by, as
sessed for, the expense OF the construction of the
same setting forth the necessity thereof, with
general description of the proposed starting point,
route and terminus, and such petitioner or petion-
ers 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
case the board of commissioners shall fail to estab
lish such proposed ditch, drain water As
said petition is filed said beard shall if in
regular session. or at their next regular session, APP
point three resident freeho ders of the county, not
interested in the construction of the proposed work
aud not OF kin to any parties interested therein,
viewers, to meet at a time aud place specified by
said board, preparatory to commencing their duties
as hereinafter specified And it shall be the duty
of the auditor lhereupon to issue TO said viewers
certified copy OF the petition and order OF the board,
who shall proceed at the time in said order with
a surveyor, who snail be civil engineer, and shall
make accurate survey of the line Of said ditch,
drain or water course, from its TO its outlet;
and they shall cause stakes 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; aud estimate
OF the total cost of construction OF the whole work.
And they shall set apart and apportionto each par
Gel OF land and to each corporate road railroad,
and TO The county when public highways are bene-
fted 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, aud the cost OF the consruc
ton Of each share allotment separately, and
specify the manner in which the work shall be
done, and they snail have power, where they find
il necessary, to provide for running said ditch
under ground, through drain tiles or other nate
rails, as they deem best, by specifying the size and
kind Of tile or other material to be used IN
derground work. and shall estimate the cost of the
same a part Of the total cost of the work, and
they shall accurately describe as the same is de-
scribed on the county tax duplicate each parcel of
the land to be assessed for the construction of said
ditch, giving the number of acres in each tract as
sessed. and the estimated number of acres
benefited, the amount that each tract of land will
he 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 the top, at the
source, outlet and at each one hundred foot stake
monument of said ditch, drain, or water course.
Aud they shall also ascertain and give the names OF
the owners of the lands that assessed for con-
sruction of said ditch drain water course as far
as they can be asceTtaned 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 a public ditch drain or water
course Is located wholly or in part in the bed of
private ditch already partially constructed, the
viewers snail make an estimate of the number OF
Gu bic yards OF earth already excavated and the cost
OF same. on each tract of land, and deducL
the same from the assessment thereon.
Sec /. All lands benefited By a public ditch,
drain water course, shall be assess ed in proper
ton 10 the benefits for the construction thereof,
whether it passes through said lands or not, and
the viewers, in estimating the benefits 10 lands not
traversed b. said ditch, shall not consider what
Dement'S s1cn lanos snall receive after some other
ditch bitches shall be constructed, but only the
benefits that viii be received by reasons of the
construction Of the public ditch as it affords an
outlet for the drainage of such lands.
Sec ,. In locating ditch, drain water course,
the viewers may vary from the line described in
the petition, as they deem BEST provided they COM
nence the ditch at the point described in the petit
ton, follow down the line therein described as
near practicable; ana providedfurther that when
there is not sufficient fall in length of tue route
described in the petition to drain the lands adjacent
thereto, they may extend the ditch below the outlet
named in the petition tar enough, not exceeding
one-half mile, to obtain sufficient fail aud outlet
And when II VIII not be detrlm entail to the useful
ness of the whole work, they shall, far prac-
ticable, locate the ditch on division lines between
lands owed by different persons: and they shall so
far practie liable. avoid laying the dagoually
Facross the lands, but they must not sacrifice the
general utility of the ditch TO avoid diagonal lines.
Aud ali persons whose lands may be affected by
! said ditch, may appear before said viewers, and
freely express their opinions on ali matters pertain
/ ing thereto
Sec. g. In locating a public drain or water
| cOuIse. the viewers shall estimate the damages, if
| any, that any person or persons will sustain by
reason of the construction OF such ditch and assess
such damages TO parties owing the lands benefited,
IN proportion each tract OF land Is assessed for
| benefits
Sec z. The viewers if they find the route pro-
posed is not such best to effect 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-
lished such may be thereafter required, shall
proceed to establish the route; II the route pro-
! posed is upon section line where a 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 so placed upon the
| roadway as TO form turnpike, and no nearer t.
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
petition.
! Sec. s. Said viewers may, after having met at
the time aud place specified IN the order issued tc
! them by the auditor, proceed Immediately to per-
form their SAID dntes or adjourn from time to time
as best suits their convenience, and file their repor
with the auditor at least four weeks before the
regular meeting of said board OF commissioners
| Provided the water be high. or the weather in
clement, they she'll not be compelled to file the
port until at least four weeks before the secon(
regular meeting of said board after having recey
their orders from the auditor, but their report mus
! then state the reason for such postponement. AnC
| if the viewers find the proposed ditch. drain, oil
! watercourse not OF public benefit utility, they
may report against the location of the same, il
! which case their report need only state that they
find the proposed works not to be Of public beneh
| or utility.
Sec g. It shall be the duty of the auditor OF
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 proposes
work is located, and at the door of the cour
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
ences at its source, through whose land 1t passes
and where it terminates The outlet, together will
the names OF the owners Of the lands that will b,
affected thereby, so far they can be ascertaneC
with reasonable inquiry and search of the public
records in the Offices of the clerk recorder, auditor
and treasurer; and the time the auditor shall
mail CODY of he same to all non-reSidents who's
address is known to him or can be ascertalned By
inquiring at the treasurer's Office.
Sec. 10. Said board of commissioners, at the tim
set for the hearing Of said petition, shall If there
no renonstrance fled proceed to hear said petition
| tbat- nd fba viz