reglab/housing_qa huggingface dataset:
MN Stat § 103E.351 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.351 — Redetermining Benefits And Damages.

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-day land values or that the benefited or damaged areas have changed, the drainage authority may appoint three viewers to redetermine and report the benefits and damages and the benefited and damaged areas. (b) If more than 26 percent of the owners of property or owners of 26 percent of the property that is benefited or damaged by a drainage system petition to redetermine benefits and damages, the drainage authority must make a determination on the petition according to paragraph (a). Subd. 2. Hearing and procedure. (a) The redetermination of benefits and damages must proceed as provided for viewers and the viewers' report in sections 103E.311 to 103E.321. (b) The auditor or secretary must prepare a property owners' report from the viewers' report. A copy of the property owners' report must be mailed to each owner of property affected by the drainage system. (c) The drainage authority must hold a final hearing on the report and confirm the benefits and damages and benefited and damaged areas. The final hearing must proceed as provided under sections 103E.325, 103E.335, and 103E.341. Subd. 3. Using redetermined benefits and damages. The redetermined benefits and damages and the redetermined benefited and damaged areas must be used in place of the benefits and damages of record and the benefited and damaged areas of record in all subsequent proceedings relating to the drainage system. Subd. 4. Appeal. A person aggrieved by the redetermination of benefits and damages and benefited and damaged areas may appeal from the order confirming the benefits and damages and benefited and damaged areas under section 103E.091. History:  1990 c 391 art 5 s 59; 2019 c 24 s 4-6
MN Stat § 103E.405 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.405 — Outlets In Adjoining States.

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 drainage authority may adjourn the hearing. If the hearing is adjourned the drainage authority shall require the auditor or, for a joint county drainage system, the auditors of affected counties to procure an option to acquire the needed right-of-way at an expense not exceeding the estimated cost specified in the detailed survey report. The order establishing the drainage project may not be made until the option is procured. If the option is procured and the drainage project established, the option shall be exercised and the cost of the right-of-way shall be paid as a part of the cost of the drainage project. History:   1990 c 391 art 5 s 61
MN Stat § 103E.515 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.515 — Damages; Payment.

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 that is awarded damages requests it, the assessment may not be deducted. If there is an appeal, the damages may not be paid until the final determination. If it is not clear who is entitled to the damages, the board may pay the damages to the court administrator of the district court of the county. The court shall direct the court administrator, by order, to pay the parties entitled to the damages. History:   1990 c 391 art 5 s 66
MN Stat § 103E.521 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.521 — Construction Supervision.

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
MN Stat § 103E.525 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.525 — Constructing And Maintaining Bridges And Culverts.

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, except with the written approval of the director. If the detailed survey report does not specify the hydraulic capacity, a public or private bridge or culvert in or across a drainage system ditch may not be constructed without the director's approval of the hydraulic capacity. Subd. 2. Road authority responsibility. Bridges and culverts on public roads required by the construction or improvement of a drainage project or system must be constructed and maintained by the road authority responsible for keeping the road in repair, except as provided in this section. Subd. 3. Notice; charging cost. The auditor shall notify the state and each railroad company, corporation, or political subdivision that they are to construct a required bridge or culvert on a road or right-of-way under their jurisdiction, within a reasonable time as stated in the notice. If the work is not done within the prescribed time, the drainage authority may order the bridge or culvert constructed as part of the drainage project construction. The cost must be deducted from the damages awarded to the corporation or collected from it as an assessment for benefits. If the detailed survey report or viewers' report shows that the construction of the bridge or culvert is necessary, the drainage authority may, by order, retain an amount to secure the construction of the bridge or culvert from amounts to be paid to a railroad, corporation, or political subdivision. Subd. 4. Construction on line between two cities. The costs of constructing a bridge or culvert that is required by construction of a drainage project on a public road that is not a state trunk highway on the line between two statutory or home rule charter cities, whether in the same county or not, must be paid jointly, in equal shares, by the cities. The cities shall pay jointly, in equal shares, for the cost of maintaining the bridge or culvert. Subd. 5. Construction on town and county lines. The cost of constructing and maintaining bridges and culverts on a town or county road across a drainage system ditch constructed along the boundary line between towns or counties, with excavated material deposited on the boundary line or within 33 feet of the line, must be paid equally by the town or county where the bridge or culvert is located and the other town or county adjoining the boundary. History:  1990 c 391 art 5 s 68; 2013 c 4 s 11
MN Stat § 103E.526 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.526 — Constructing Road Instead Of Bridge Or Culvert.

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 private road must be constructed and maintained in the same manner as a bridge or culvert. The private road must be constructed in a manner suitable for farm vehicles but may not have a right-of-way wider than 33 feet. The drainage authority has jurisdiction over the land required for the private road and the road is part of the drainage system. History:   1990 c 391 art 5 s 69
MN Stat § 103E.53 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.53 — Rules To Standardize Forms.

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 and maintain an inventory of all permanent grass strips acquired by drainage authorities. History:   1990 c 391 art 5 s 70
MN Stat § 103E.531 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.531 — Inspecting Drainage Construction; Partial Payments.

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 the work, the engineer shall report to the drainage authority, in writing, showing the work completed since the previous report and all materials furnished under the contract. Subd. 2. Preliminary certificate. The engineer shall issue with the monthly report a preliminary certificate for work done and approved or materials delivered. The certificate must contain the station numbers of the work covered by the certificate and the total value of all work done and the materials furnished according to the contract. For each ditch section, the certificate must show the actual volume, in cubic yards, of the excavation completed. For joint county drainage systems the certificate must also show the percentage of the total value to be paid by each county in the proportion fixed by the drainage authority order. Each certificate must show that a loss will not occur as a result of a partial payment. A duplicate of the certificate must be delivered to the auditor of each affected county. Subd. 3. Partial payment. The affected counties must pay the contractor, based on the certificate, 90 percent of the total value of work done and approved and 90 percent of the total value of material furnished and delivered. The materials may only be delivered as required in the course of construction and authorized by the engineer. History:   1990 c 391 art 5 s 71
MN Stat § 103E.535 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.535 — Partial Payment Of Retained Contract Amounts.

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 not in default, the contractor may file a verified petition with the auditor stating these facts and requesting that an order be made to pay 40 percent of the retained value of work and material. Subd. 2. Notice of hearing. When the petition is filed, the auditor shall set a time and location for a hearing on the petition before the drainage authority. At least five days before the date of hearing, the auditor shall give notice by mail of the date and location of hearing to the engineer, the attorney for the petitioners, the surety of the contractor's bond, and auditors of the affected counties. Subd. 3. Hearing. At the hearing the drainage authority shall hear all parties interested. If the drainage authority determines that the facts in the petition are correct, the work has been performed in a satisfactory manner, and a portion of the retained percentage may be released without endangering the interests of affected counties, the drainage authority shall state the findings and may order not more than 40 percent of the retained value of work and material to be paid. History:   1990 c 391 art 5 s 72
MN Stat § 103E.541 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.541 — Extending Time On Contracts.

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 engineer and the attorney for the petitioners; and (2) for a joint county drainage project, to the auditors of the affected counties. The auditors may grant an extension if sufficient reasons are shown. The extension does not affect a claim for liquidated damages that may arise after the original time expires and before an extension or a claim that may arise after the time for the extension expires. History:   1990 c 391 art 5 s 73
MN Stat § 103E.545 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.545 — Reducing Contractor's Bond.

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 the application with the auditor. The application must state: (1) the work certified as completed by the engineer; (2) the value of the certified work; (3) the amount of money received by the contractor and the amount retained by the drainage authority; (4) the amount unpaid by the contractor for labor or material furnished on the contract; and (5) a request for an order to reduce the amount of the contractor's bond. (b) The application must be filed with the auditor. Subd. 2. Notice of hearing. When an application is filed, the auditor, by order, shall set the time and location for a hearing on the application. Ten days before the hearing, notice of the hearing must be published in each affected county and notice by mail given to the engineer, the attorney for the petitioners, and the auditor of each affected county. The contractor must pay the cost of publishing the hearing notice. Subd. 3. Hearing; bond reduction. The drainage authority may, by order, reduce the contractor's bond if it determines that the contractor is not in default and that a loss will not result from reducing the bond. The bond may be reduced to an amount sufficient to protect the affected counties from loss and damage, but the reduction: (1) may not be more than 35 percent of the amount already paid to the contractor; (2) may not affect the remaining amount of the bond; (3) does not affect liability incurred on the bond before the reduction; and (4) does not affect a provision for a three-year guaranty of tile work. History:   1990 c 391 art 5 s 74
MN Stat § 103E.551 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.551 — Contractor Default.

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 notice must specify the default and state that if the default is not promptly removed and the contract completed, the unfinished portion of the contract will be awarded to another contractor. Subd. 2. Completing contract by surety. If the surety of the contractor's bond promptly proceeds with the completion of the contract, the affected auditors may grant an extension of time. If the contract is completed by the surety, the balance due on the contract must be paid to the surety, less damages incurred by the affected counties from the default. Subd. 3. Awarding contract; recovery on bond. If the surety of the contractor's bond does not undertake the completion of the contract or does not complete the contract within the time specified or extended, auditors of the affected counties shall advertise for bids to complete the contract in the manner provided in the original awarding of contracts. The drainage authority may recover the increased amounts paid to a subsequent contractor after reselling the work, and damages incurred by affected counties, from the first contractor's bond. History:   1990 c 391 art 5 s 75
MN Stat § 103E.555 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.555 — Accepting Contract.

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 under the contract. When the report is filed, the auditor shall set a time and location for a hearing on the report. The auditor shall give notice of the hearing by publication or notice by mail at least ten days before the hearing to the owners of affected property. The notice must state that the report is filed, the time and location for the hearing, and that a party objecting to the acceptance of the contract may appear and be heard. Subd. 2. Hearing. At the hearing the drainage authority may, by order, direct payment of the balance due if it determines that the contract has been completed in accordance with the plans and specifications. If good cause is shown, the drainage authority may waive any part of the liquidated damages accruing under the contract. When the order is filed, the auditor shall draw a warrant on the treasurer of the county for the balance due on the contract. For a joint county drainage project or system the auditor shall make an order to the auditors of the affected counties to pay for their proportionate shares of the balance due on the contract. After receiving the order, the auditor of each affected county shall draw a warrant on the treasurer of the county for the amount specified in the order. History:   1990 c 391 art 5 s 76
MN Stat § 103E.601 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.601 — Drainage Lien Statement.

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 cost of all items required to complete the work. The cost must be prorated to each tract of property affected in direct proportion to the benefits. The cost, less any damages, is the amount of liability for each tract for the drainage project. The property liability must be shown in the tabular statement as provided in subdivision 2, opposite the property owner's name and description of each tract of property. The amount of liability on a tract of property for establishment and construction of a drainage project may not exceed the benefits determined in the proceedings that accrue to the tract. Subd. 2. Drainage lien statement. The auditor of each affected county shall make a lien statement in tabular form showing: (1) the names of the property owners, corporate entities, or political subdivisions of the county benefited or damaged by the construction of the drainage project in the viewers' report as approved by the final order for establishment; (2) the description of the property in the viewers' report, and the total number of acres in each tract according to the county tax lists; (3) the number of acres benefited or damaged in each tract shown in the viewers' report; (4) the amount of benefits and damages to each tract of property as stated in the viewers' report and confirmed by the final order that established the drainage project unless the order is appealed and a different amount is set; and (5) the amount each tract of property will be liable for and must pay to the county for the establishment and construction of the drainage project. Subd. 3. Supplemental drainage lien statement. If any items of the cost of the drainage project have been omitted from the original drainage lien statement, a supplemental drainage lien statement with the omitted items must be made and recorded in the same manner provided for a drainage lien statement. The total amount of the original drainage lien and any supplemental drainage liens may not exceed the benefits. Subd. 4. Recording lien. The lien against property in the drainage lien statement and supplemental drainage lien statements must be certified by the auditor and recorded on each tract by the county recorder of the county where the tract is located. The county recorder's fees for recording must be paid if allowed by the board. The drainage lien statement and any supplemental drainage lien statements, after recording, must be returned and preserved by the auditor. History:   1990 c 391 art 5 s 77
MN Stat § 103E.605 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.605 — Effect Of Filed Drainage Lien.

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 a first and paramount lien until fully paid, and has priority over all mortgages, charges, encumbrances, and other liens, unless the board subordinates the drainage lien to liens of record. The recording of the drainage lien, drainage lien statement, or a supplemental drainage lien statement is notice to all parties of the existence of the drainage lien. History:   1990 c 391 art 5 s 78