Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
THE LAWS.
DRAINAGE.
TH. b. No. 65.1

DRAINAGE.
III. y. No. 65.]
An Act to PROVIDED for the establishments.
Construction and Maintenance of Drains
in this State.
Be 1t enacted, etc.:
SECTIoN1. Water courses, bitches and
drains for the drainage Of sloughs and
other low lands may be established, con-
structed n maintained in the several
counties of this state whenever the same
shall be conducive to the public health,
convenience or welfare under the provis-
used in this act shall be deemed to include
any natural water course opened, or pro-
posed to be opened and improved for the
purpose OF drainage and any artificial
drains constructed for such purpose.
SEC. 2. The board of county commits
state shall have power and are hereby
authorized at any meeting of the board, by
a majority vote Of all the members, to ap-
point on the petition of any person inter-
ested, three %freeh0lders of the county as a,
board of drain commissioners Of such.
county, who shall hold Office for two years,
and until their successors are appointed
and qualified. The board of county COM
missioners may remove for cause any or
all of such drain commissioners, and in
case of a vacancy may fill the same by APP
pointment.
SEC. 5. Any person appointed as a mem.
per OF the board OF drain commissioners
shall, within ten days after his appoint
ment take, subscribe and file in the office
1T the county auditor an oath faithfully to
perform the duties of a drain commissioner
under the law and within the same time
make, execute and file in such auditors
office a bond to the county with sureties to
no apnrnvyoH NY fhn n ,,Hsk0n {, 49,
shall be ordered by the board Of county
commissioners conditioned for the faithful
discharge of his duties as drain commits
SiOnel. ~
SEc.a4. Apetition for the construction Of
q drain may be made in writing to the
board OF drain commissioners if among the
leading purposes of the proposed drain are
benefits 10 the health, convenience or well
fare of the people of any city or other
municipality. The petition shall be signed
by a sufficient number of citizens Of such
municipality or municipalities to satisfy
the drain commissioners that there is a
public demand for such drain. 1t the chief
purposes OF such drain is the drainage of
agricultural, meadow, grazing or other
lands the drain commissioners shall require
that the petition be signed by the owners
or legal representatives of such lands, as in
the aggregate will, in the event of The con-
%structlon OF the drain, be liable to assess
v uAOJOA j. pUl UlOu w. Glt COSlS
thereof. Upon the presentation of a petit
ton as h%ereinbefore provided, and filing Of
the same, the board of drain commissioners
shall personally, as soon as practicable,
proceed to examine the line of the proposed
drain, and if in their opinion it is neces.
sary n for the public good, they shall
cause a survey of the line thereof to be
made by a competent surveyor, who shall
establish the commencement and terminus
and determine the route, width, length and
depth thereof. For the purpose of making
examinations or surveys the drain COM
mlssiOners, surveyor mi their employees
may enter upon land %tlaversed by any such
proposed drain. or upon other lands when
necessary. Such surveyor shall prepare
prohles, plans and specifications of the
proposed drain, an estimate of the cost
IhereOt and a map or plat of the lands to
De drained, showing the regular subdivi-
slons thereof, all of which shall be filed in
county in which such drain is proposed to
be constructed subject to inspection. In
locating a drain the board of drain COM
: 2~A,sslOners may, under the advice of the
surveyor. vary from the line described in
the petition as they deem best. When the
ilne proposed is along highways already
established, the drain shall be located at a
sufficient distance from the center of such
highway to permit a good road along the
central line thereof. When the length of
the line described in the petition does not
give sufficient fall to drain the lands
sought to be drained, the board OF drain
commissioners may extend the drain below
the outlet named in the petition far
enough to obtain a sufficient fall and out
let. Drains shall, as far as practicable, be
located on dividing lines between sections.
or regular subdivisions thereof, but,,t the.
general utility Of the drain must not be.
sacrificed to avoid crossing any tract Of
missioners find advisable. All persons
whose lands may be affected by any such
drain may appear before the drain commits
sioners and fully express their opinions
upon the matters pertaining thereto.
SEC. 3. 1t upon such examination and
survey, or upon the trial in the district
court, 1t shall appear that there was not
sufficient cause for making sach petition,
or that the proposed drain would cost more
than the amount of benefit to be derived
therefrom, the drain commissioners shall
deny the petition and the petitioners shall
be jointly and severally liable to the board
of drain commissioners for all costs and
expenses incurred in the proceedings, to be
recovered by such board by action.
SEC.6 6. The title to the right of way for
the construction of any proposed drain, if
not conveyed to the county by the owner,
may be acquired in such manner as may
now or hereafter be prescribed by law.
SAS Ill VI "GSy V41S11r It'll I4
the property of the county.
SECT. Upon the assessment by the jurv,
court or referee of the amount of damages
to which the respective owners of the right
of way to be used for the construction of
any proposed drain are entitled, the boari
OF drain commissioners shall assess the per
cent of the cost of acquiring the right Of
way in the manner provided in Section 9 of
this act, make a return to the county audi
tor containing all that is required in Sec
ton 10 OF this act except al order establish
ing the drain and make, serve and file the
list provided for in Section IA OF this act.
%thereupon the board of drain commission.
ers may issue warrants in a sum sufficient
to payt the damages assessed for right of Way
drawn upon the proper county treasurer
and payable out of any funds in the hands
of the treasurer for the construction of the
drain for which such rightof way is sought
to be obtained, and shall negotiate the
same at not less than the parvalue thereof,
and pay into court for the benefit of the
owners of the right of way the amount to
which each is entitled according to the
assessment of damages, paying the surplus,
it any, to the county treasurer, who shall
place the save to the credit of the proper
drain fund. If warrants are not issued, or
if issued cannot be negOtia' ed, no further
proceedings shall be taken until the special
tax levied to pay for the right of way is
collected and paid into the court for the
benefit of the owners OF the right of way.
SEC. 8. Every assessment of the benefits