reglab/housing_qa huggingface dataset:
MN Stat § 103E.035 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.035 — Defective Notice.

103E.035 DEFECTIVE NOTICE. If notice is required under this chapter and proper notice has been given to some parties but the notice is defective or not given to other parties, the drainage authority has jurisdiction of all parties that received proper notice. The proceedings may be continued by order of the drainage authority for the time necessary to publish, post, or mail a new notice. The new notice needs only be given to those not properly notified by the first notice. History:   1990 c 391 art 5 s 7
MN Stat § 103E.041 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.041 — Personal Service In Lieu Of Other Methods Of Notice.

103E.041 PERSONAL SERVICE IN LIEU OF OTHER METHODS OF NOTICE. If notice is to be given under this chapter, personal service at least ten days before the date of hearing may be given in lieu of the manner provided. The notice must be served in the manner provided for the service of summons in a civil action in district court. History:   1990 c 391 art 5 s 8
MN Stat § 103E.043 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.043 — Informal Meetings.

103E.043 INFORMAL MEETINGS. A drainage authority may hold informal meetings in addition to the meetings and hearings required in this chapter to inform persons affected by the drainage system about the drainage proceedings and provide a forum for informal discussions. History:   1990 c 391 art 5 s 9
MN Stat § 103E.045 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.045 — Failure To Attend Hearings; Drainage Authority.

103E.045 FAILURE TO ATTEND HEARINGS; DRAINAGE AUTHORITY. If an order has been made and notice for a hearing given under this chapter, and the drainage authority does not appear at the time and place specified for any reason, the auditor shall continue the hearing to a date set by the auditor. The auditor shall notify the drainage authority of the continuance and the date of hearing. The jurisdiction is continued until the date set by the auditor. History:   1990 c 391 art 5 s 10
MN Stat § 103E.051 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.051 — Defective Proceedings.

103E.051 DEFECTIVE PROCEEDINGS. (a) A party may not take advantage of an error in a drainage proceeding or an informality, error, or defect appearing in the record of the proceeding or construction, unless the party complaining is directly affected. The modification of the benefits or damages to any property, or the enjoining of collection of any assessment, does not affect any other property or the collection of any assessment on other property. (b) If a drainage project has been established and a contract awarded in good faith, without collusion, and at a reasonable price: (1) a defect or lack of notice in awarding, making, or executing the contract does not affect the enforcement of an assessment; and (2) if the contract is performed in good faith in whole or in part, a defect does not invalidate the contract. History:   1990 c 391 art 5 s 11
MN Stat § 103E.055 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.055 — Reimbursing Cost Of Former Surveys When Used Later.

103E.055 REIMBURSING COST OF FORMER SURVEYS WHEN USED LATER. If after a proceeding has begun a survey has been made and a proceeding to establish a drainage project has been dismissed or the drainage project has not been established, and if all or a part of the former survey is used by the engineer for a drainage proceeding in the same area, the amount saved in the subsequent proceedings must be paid to the proper parties according to this section. If the parties who paid the expense of the former survey make a petition, the drainage authority shall: (1) determine the amount of benefit that was derived by the subsequent proceedings from the former survey; (2) order the amount of the benefit to be paid to the proper parties; and (3) charge the amount paid as a cost of the subsequent drainage proceeding. History:   1990 c 391 art 5 s 12
MN Stat § 103E.061 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.061 — Right Of Entry.

103E.061 RIGHT OF ENTRY. In proceedings under this chapter, the engineer, the engineer's assistants, the viewers, and the viewers' assistants may enter any property to make a survey, locate a drain, examine the property, or estimate the benefits and damages. History:   1990 c 391 art 5 s 13
MN Stat § 103E.065 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.065 — Drainage Inspectors.

103E.065 DRAINAGE INSPECTORS. In counties or watershed districts having drainage systems constructed in accordance with this chapter, the drainage authority shall appoint a competent person as drainage inspector. The inspector must not be a county commissioner. The inspector may be the county highway engineer. The inspector shall examine the drainage systems designated by the drainage authority. The drainage authority shall specify the appointment period and compensation. History:  1990 c 391 art 5 s 14; 2010 c 298 s 2; 2014 c 289 s 50
MN Stat § 103E.067 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.067 — Ditch Buffer Strip; Annual Reporting.

103E.067 DITCH BUFFER STRIP; ANNUAL REPORTING. The drainage authority shall annually submit a report to the Board of Water and Soil Resources for the calendar year including: (1) the number and types of actions for which viewers were appointed; (2) the number of miles of buffer strips established according to section 103E.021; (3) the number of drainage system inspections conducted; and (4) the number of violations of section 103E.021 identified and enforcement actions taken. History:   2007 c 57 art 1 s 111
MN Stat § 103E.071 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.071 — County Attorney.

103E.071 COUNTY ATTORNEY. The county attorney shall represent the county in all drainage proceedings and related matters without special compensation, except as provided in section 388.09, subdivision 1. A county attorney, the county attorney's assistant, or any attorney associated with the county attorney in business may not otherwise appear in any drainage proceeding for any interested person. History:  1990 c 391 art 5 s 15; 2019 c 24 s 3
MN Stat § 103E.075 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.075 — Obstructing Drainage System.

103E.075 OBSTRUCTING DRAINAGE SYSTEM. Subdivision 1. Notice to responsible party. If the board determines that a drainage system has been obstructed, including by the installation of bridges or culverts of insufficient hydraulic capacity, the board shall notify the person or public authority responsible for the obstruction as soon as possible and direct the responsible party to remove the obstruction or show the board why the obstruction should not be removed. The board must set a time and location in the notice for the responsible person to appear before the board. Subd. 2. Private property. If the obstruction is on private property, the owner is responsible for the obstruction unless the owner proves otherwise. The owner must be notified by certified mail at least ten days before the hearing. Subd. 3. Obstruction hearing. The board shall hear all interested parties and if the board determines that the drainage system has been obstructed by a person or public authority, the board shall order the obstruction removed by the responsible party within a reasonable time set in the order. If the obstruction is not removed by the prescribed time, the board shall have the obstruction removed and the auditor shall make a statement of the removal cost. The statement must be filed in the county recorder's office as a lien on the property where the obstruction is located or against the responsible party. The lien must be enforced and collected as liens for drainage repairs under this chapter, except that a lien may not be filed against private property if the board determines that the owner of the property is not responsible for the obstruction. The lien may be enforced against the responsible party by civil action. History:   1990 c 391 art 5 s 16
MN Stat § 103E.081 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.081 — Crimes Related To Drainage Systems; Penalties.

103E.081 CRIMES RELATED TO DRAINAGE SYSTEMS; PENALTIES. Subdivision 1. Unauthorized drain outletting. A person may not cause or construct a drain that outlets into a lawfully constructed drainage system except as provided in this chapter. Subd. 2. Obstructing or damaging. A person may not willfully obstruct or damage a drainage project or system. Subd. 2a. Planting trees over public tile. A person must not knowingly plant trees over a public drain tile, unless the person planting the trees receives permission from the drainage authority. Subd. 2b. Planting trees over private tile. A person must not knowingly plant trees over a private drain tile that provides for the drainage of land owned or leased by another person, unless the person planting the trees receives permission from all persons who receive drainage benefits from the drain tile. Subd. 3. Altering engineer's marking of stakes. A person may not willfully change the location or alter markings of stakes set by the engineer in a drainage project or system. Subd. 4. Penalty. Violation of this section is a misdemeanor. History:  1990 c 391 art 5 s 17; 1Sp2005 c 1 art 2 s 117,118
MN Stat § 103E.085 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.085 — Enforcement.

103E.085 ENFORCEMENT. Subdivision 1. Warrants and arrests. An enforcement officer, as defined in section 97A.015, subdivision 18, may execute and serve warrants, and arrest persons detected in actual violation of sections 103E.005 to 103E.811 as provided in sections 97A.205 and 97A.211. Subd. 2. Prosecution. The county attorney shall prosecute all criminal actions arising under this chapter. History:   1990 c 391 art 5 s 18
MN Stat § 103E.095 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.095 — Appeal From Orders Dismissing Or Establishing Drainage Systems.

103E.095 APPEAL FROM ORDERS DISMISSING OR ESTABLISHING DRAINAGE SYSTEMS. Subdivision 1. Notice of appeal. A party may appeal an order made by the board that dismisses drainage proceedings or establishes or refuses to establish a drainage project to the district court of the county where the drainage proceedings are pending. The appellant must serve notice of the appeal to the auditor within 30 days after the order is filed. After notice of the appeal is served, the appeal may be brought to trial by the appellant or the drainage authority after notifying the other party at least ten days before the trial date. Subd. 2. Trial. The appeal must be tried by the court without a jury. The court shall examine the entire drainage proceeding and related matters and receive evidence to determine whether the findings made by the board can be sustained. At the trial the findings made by the board are prima facie evidence of the matters stated in the findings, and the board's order is prima facie reasonable. If the court finds that the order appealed is lawful and reasonable, it shall be affirmed. If the court finds that the order appealed is arbitrary, unlawful, or not supported by the evidence, it shall make an order, justified by the court record, to take the place of the appealed order, or remand the order to the board for further proceedings. After the appeal has been determined by the court, the board shall proceed in conformity with the court order. Subd. 3. Multiple appeals; order of determination. If the order establishing a drainage project is appealed, the trial of appeals related to benefits or damages in the drainage proceeding must be stayed until the establishment appeal is determined. If the order establishing the drainage project is affirmed, appeals related to benefits and damages must then be tried. Subd. 4. Appeal order establishing drainage project; notice. If an order refusing to establish a drainage project is appealed, and the court, by order, establishes the drainage project, the auditor shall give notice by publication of the filed order. The notice is sufficient if it refers to the drainage project or system by number or other descriptive designation, states the meaning of the order, and states the date the court order was filed. A person may appeal the establishment order to the district court as provided in this section. Subd. 5. Appeal of appellate order. A party aggrieved by a final order or judgment rendered on appeal to the district court may appeal as in other civil cases. The appeal must be made and perfected within 30 days after the filing of the order or entry of judgment. History:   1990 c 391 art 5 s 20
MN Stat § 103E.097 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.097 — Attorney Fees On Appeal.

103E.097 ATTORNEY FEES ON APPEAL. If the commissioner of natural resources is a party making an appeal under section 103E.091 or 103E.095 and the commissioner does not prevail on the issues appealed, the court may award attorney fees to the party prevailing on the appeal. If more than one issue is appealed and the commissioner prevails on some issues and does not prevail on others, the court shall determine the amount of the attorney fee to be awarded. History:   1990 c 391 art 5 s 21
MN Stat § 103E.105 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.105 — Advice About Drainage Questions.

103E.105 ADVICE ABOUT DRAINAGE QUESTIONS. The director shall provide advice to a drainage authority or engineer, upon request, about engineering questions or problems in connection with a drainage project or drainage system. History:   1990 c 391 art 5 s 23
MN Stat § 103E.111 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.111 — Field Surveys And Investigations By Director.

103E.111 FIELD SURVEYS AND INVESTIGATIONS BY DIRECTOR. Subdivision 1. Authorization. If a field survey or investigation of a drainage project or drainage system is determined to be necessary by the director or is requested in writing by the drainage authority, the director may conduct the survey or investigation. Subd. 2. Paying costs. If the field survey or investigation is made at the request of a drainage authority, the cost must be reported to the drainage authority and paid by the drainage authority as a drainage project or drainage system expense. History:   1990 c 391 art 5 s 24
MN Stat § 103E.115 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.115 — Hydrological And Drainage Information.

103E.115 HYDROLOGICAL AND DRAINAGE INFORMATION. (a) The director may prepare and publish: (1) runoff data; (2) information about the capacity of drain tile and ditches; (3) specifications for drain tile, ditches, and ditch construction; and (4) standard procedural forms for public ditch proceedings. (b) The director may furnish the information to engineers and drainage authorities for their advice and information. History:   1990 c 391 art 5 s 25
MN Stat § 103E.121 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.121 — Drain Tile; Manufacturing Studies.

103E.121 DRAIN TILE; MANUFACTURING STUDIES. Subdivision 1. Drain tile; investigations. The director may: (1) investigate the methods used in the manufacture of drain tile; (2) determine the causes of drain tile failure; and (3) conduct research and experimentation to improve the quality of drain tile. Subd. 2. Manufacturing investigations and tests. The director may make inspections and tests of manufacturing processes and materials used and the resultant product of a manufacturing plant in the state where drain tile is made and sold to drainage authorities or the general public. The director, or an authorized agent of the director, must have free access to manufacturing plants of drain tile sold in this state for inspections and tests. Subd. 3. Distributing information. The results of inspections and tests must be made public for drainage authorities, engineers, tile manufacturers, and others interested in the use of drain tile. History:   1990 c 391 art 5 s 26
MN Stat § 103E.212 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.212 — New Drainage System Projects.

103E.212 NEW DRAINAGE SYSTEM PROJECTS. Subdivision 1. Procedure. To establish a new drainage system under this chapter, the petitioners and drainage authority must proceed according to this section and the provisions applicable to establishment of drainage projects. Subd. 2. Signatures on petition. The petition for a new drainage system must be signed by a majority of the owners of the property that the proposed drainage system described in the petition passes over, or by the property owners of at least 60 percent of the area that the proposed new drainage system passes over. Subd. 3. Petition requirements. The petition must: (1) describe the 40-acre tracts or government lots and property where the proposed new drainage system passes over, including names and addresses of the property owners from records in the county assessor's office; (2) describe the starting point, the general course, and the terminus of the proposed drainage system; (3) state why the proposed drainage system is necessary; (4) state that the proposed drainage system will benefit and be useful to the public and will promote public health; and (5) state that the petitioners will pay all costs of the proceedings if the proceedings are dismissed or the contract for the construction of the proposed drainage system is not awarded. History:   1990 c 391 art 5 s 28
MN Stat § 103E.225 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.225 — Laterals.

103E.225 LATERALS. Subdivision 1. Petition. (a) Persons that own property in the vicinity of an existing drainage system may petition for a lateral that connects their property with the drainage system. The petition must be signed by at least 26 percent of the owners of the property or by the owners of at least 26 percent of the area of the property that the lateral passes over. The petition must be filed with the auditor, or for property in more than one county, the petition must be filed with the auditor of the county with the largest property area to be passed over by the lateral. The petition must: (1) describe in general terms the starting point, general course, and terminus of the proposed lateral; (2) describe the property traversed by the lateral including the names and addresses of the property owners from records in the county assessor's office; (3) state the necessity to construct the lateral; (4) state that, if constructed, the lateral will be of public benefit and utility and promote the public health; (5) request that the lateral be constructed and connected with the drainage system; and (6) provide that the petitioners will pay all costs incurred if the proceedings are dismissed or if a contract for the construction of the lateral is not awarded. (b) The petitioners shall give the bond required by section 103E.202, subdivision 5. Subd. 2. Establishment procedure. After the petition is filed, the procedure to establish and construct the lateral is the same as that provided in this chapter to establish a drainage project. Subd. 3. Authority necessary for property not assessed. A lateral may not be constructed to drain property that is not assessed benefits for the existing drainage system until express authority for the use of the existing drainage system as an outlet for the lateral has been obtained under section 103E.401. History:   1990 c 391 art 5 s 31
MN Stat § 103E.231 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.231 — Dismissing Or Delaying Proceedings; Petitioners.

103E.231 DISMISSING OR DELAYING PROCEEDINGS; PETITIONERS. Subdivision 1. Dismissal. (a) A proceeding under this chapter may be dismissed by a majority of the petitioners if they own at least 60 percent of the area owned by all of the petitioners as described in the petition. (b) The proceeding may be dismissed at any time before the proposed drainage project is established after payment of the cost of the proceeding. If the costs cannot be collected, each and all petitioners are liable for unpaid assessments. The drainage authority shall determine and assess the cost of the proceeding against the persons liable. After the proceeding is dismissed any other action on the proposed drainage project must begin with a new petition. Subd. 2. Delay. The drainage authority may delay drainage proceedings and drainage project construction under this chapter if a majority of the petitioners petition for a delay and the drainage authority holds a hearing on the petition. The delay may be for a period determined by the drainage authority. The drainage authority shall determine the cost of the proceedings up to the time the proceedings are delayed and when the costs are to be paid. The costs may include interest on the costs due. History:   1990 c 391 art 5 s 33
MN Stat § 103E.235 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.235 — Drainage System In Two Or More Counties.

103E.235 DRAINAGE SYSTEM IN TWO OR MORE COUNTIES. Subdivision 1. Designation. A petition for a proposed drainage project in two or more counties must be designated as a joint county drainage system with a number assigned by the auditor of the county with the largest area of property in the drainage system. Subd. 2. Joint county drainage authority. The board where a petition for a proposed joint county drainage project is filed shall notify the board of each county where property is affected by the drainage system and request the boards to meet jointly and consider the petition. The boards shall select five of their members at the meeting to be the drainage authority. At least one member must be from each board. The drainage authority shall be known as the joint county drainage authority with a joint county drainage project or system number. A vacancy in the membership of the joint county drainage authority must be filled by joint action of the boards. Subd. 3. Transfer of drainage systems to watershed districts not affected. This section does not affect the transfer of a drainage system to the board of managers of a watershed district under chapter 103D. History:   1990 c 391 art 5 s 34
MN Stat § 103E.238 (2021)
2021 Minnesota Statutes|Chapters 103A - 114B — Water|Chapter 103E — Drainage|Section 103E.238 — County Attorney Review Of Petition And Bond.

103E.238 COUNTY ATTORNEY REVIEW OF PETITION AND BOND. The county attorney must review each petition and bond filed with the county to determine if it meets the requirement of the proceedings for which it is intended. The county attorney must review the petition and bond within 30 days after it is filed. The county attorney must: (1) refer the petition and bond back to the petitioners if it does not meet the requirements, with the county attorney's opinion describing the deficiencies of the petition; or (2) refer the petition to the drainage authority. History:   1990 c 391 art 5 s 35