2005 Minnesota Statutes - 103E.341 — Drainage authority final order.

     103E.341 Drainage authority final order. 


    Subdivision 1.    Dismissal of proceedings.  The 
 drainage authority must dismiss the proceedings and petition, by 
 order, if it determines that:  


    (1) the benefits of the proposed drainage project are less 
 than the total cost, including damages awarded; 


    (2) the proposed drainage project will not be of public 
 benefit and utility; or 


    (3) the proposed drainage project is not practicable after 
 considering the environmental and land use criteria in section 
 103E.015, subdivision 1.  


    Subd. 2.    Establishment of proposed drainage project.  
 (a) The drainage authority shall establish, by order, a proposed 
 drainage project if it determines that:  


    (1) the detailed survey report and viewers' report have 
 been made and other proceedings have been completed under this 
 chapter; 


    (2) the reports made or amended are complete and correct; 


    (3) the damages and benefits have been properly determined; 


    (4) the estimated benefits are greater than the total 
 estimated cost, including damages; 


    (5) the proposed drainage project will be of public utility 
 and benefit, and will promote the public health; and 


    (6) the proposed drainage project is practicable.  


    (b) The order must contain the drainage authority's 
 findings, adopt and confirm the viewers' report as made or 
 amended, and establish the proposed drainage project as reported 
 and amended.  


    HIST: 1990 c 391 art 5 s 57