Drainage Authority Redetermination of Benefits
History Settlement: 160 acres of land was available by homestead after living on the tract for 5 years. Homesteading began in 1840. Minnesota was granted statehood in 1858. The first drainage related legislation was passed that year entitled “ An act to regulate and encourage the drainage of lands.” The first law appointing viewers was in 1883. Changes in 1887 first addressed drainage districts and consideration of proximity. Very little changed in the drainage laws affecting viewing until 1977.
Early Homesteaders
Early farm drainage 1890-1910
Farming practices 1900
Farming practices 1900
Public drainage
Viewers Report
Ditch construction
Tile Installation
Improvement/Repair 1920-1930
Post World War 2
Improvement 1950-1960
Modern Farming
103E.351 REDETERMINING BENEFITS AND DAMAGES. Subdivision 1.Conditions to redetermine benefits and damages; appointment of viewers. If the drainage authority determines that the original benefits or damages determined in a drainage proceeding do not reflect reasonable present day land values or that the benefited or damaged areas have changed, or if more than 50 percent of the owners of property benefited or damaged by a drainage system petition for correction of an error that was made at the time of the proceedings that established the drainage system, the drainage authority may appoint three viewers to redetermine and report the benefits and damages and the benefited and damaged areas.
The Viewing Process is a Mass Appraisal Process that values a universe of properties as of a given date, using a standard methodology, employing common data, and allowing for statistical testing.
Benefits: "Benefits" refers either to the impact a drainage system has on land in terms of improving the market value of the land or the impact (and costs associated with that impact) that the land has on the drainage system because of land use that accelerates drainage, transports sediment or increases volume demand in a drainage system. These two bases for benefits are referred to in this manual as “market value based” or “charge - based” benefits. Damages: "Damages" means the reduction of value resulting from the construction of a drainage system, including the value of the land actually taken for an open channel and for the permanent grass strips bordering it, severance damages, loss of crop production during project construction, and diminished productivity due to increased overflow. Minnesota Public Drainage Manual
103E.305 VIEWERS' APPOINTMENT AND QUALIFICATION. Subdivision 1.Appointment. When the order for a detailed survey is made, the drainage authority shall, by order, appoint viewers consisting of three disinterested residents of the state qualified to assess benefits and damages. The drainage authority may establish qualifications for viewers.
Benefit Valuation The statute language for the determination of benefits and damages is included under 103E.315. The statue has 8 separate subdivisions addressing different benefits and damages. 103E.351 addresses redetermination of benefits and refers back to the same consideration. 103E.315 ASSESSMENT OF DRAINAGE BENEFITS AND DAMAGES. Subd 1. State land. Subd. 2. Government property. Subd. 3. Public roads. Subd. 4. Railway and other utilities. Subd. 5. Extent and basis of benefits. Subd. 6. Benefits for proposed drainage project as outlet. Subd. 7. Benefits for project that increases drainage capacity. Subd. 8. Extent of damages.
Subd. 5.Extent and basis of benefits. (a) The viewers shall determine the amount of benefits to all property within the watershed, whether the property is benefited immediately by the construction of the proposed drainage project or the proposed drainage project can become an outlet for drainage, makes an outlet more accessible, or otherwise directly benefits the property. The benefits may be based on: (1) an increase in the current market value of property as a result of constructing the project; (2) an increase in the potential for agricultural production as a result of constructing the project; or (3) an increased value of the property as a result of a potential different land use. (b) Benefits and damages may be assessed only against the property benefited or damaged or an easement interest in property for the exclusive use of the surface of the property.
Subd. 6.Benefits for proposed drainage project as outlet. (a) If the proposed drainage project furnishes an outlet to an existing drainage system and benefits the property drained by the existing system, the viewers shall equitably determine and assess: (1) the benefits of the proposed drainage project to each tract or lot drained by the existing drainage system; (2) a single amount as an outlet benefit to the existing drainage system; or (3) benefits on a watershed acre basis. (b) Assessments that conform with the provisions in this subdivision are valid. If a single sum is assessed as an outlet benefit, the lien for the assessment must be prorated on all property benefited by the existing drainage system in proportion to the benefits determined for the existing drainage system. (c) Within the watershed that drains to the area where a project is located, the viewers may assess outlet benefits on: (1) property that is responsible for increased sedimentation in downstream areas of the watershed; and (2) property that is responsible for increased drainage system maintenance or increased drainage system capacity because the natural drainage on the property has been altered or modified to accelerate the drainage of water from the property.
Viewing Aids • Lidar & DEMs • County GIS • Soils Book • USDA web soil survey site • Soil characteristics, classification 3W, 2W, 2E, 1 ect. • Aerial photos, Google Earth • Sales data from the County Assessor. • Yield averages taken from local sources, USDA, and University Of Minnesota Extension service • Production costs taken from local sources, University of Minnesota FinBin • Visual inspection of each 40 acre parcel or less. • Consult with the County Auditor and Ditch Inspector, and project Engineer.
Viewers determine Ditch System Watersheds 14 13 18 17 16 15 14 13 18 17 16 15 14 13 18 17 23 24 19 20 21 22 23 24 19 20 21 22 23 24 19 20 26 Lorain 25 Ewington CD 6 29 28 Rost 26 25 27 30 29 28 30 27 26 25 30 29 Worthington 36 31 32 JD 13 33 34 36 31 32 33 34 35 35 36 31 32 1 6 5 4 3 2 1 6 5 4 3 2 1 6 5 JD 9 9 12 7 8 10 11 CD 9 12 7 8 9 CD 25 10 11 12 7 8 13 18 17 16 15 14 13 18 17 16 15 14 13 Bigelow 18 17 Indian Lake CD 10 Round Lake Sioux Valley 24 19 20 21 22 23 24 19 20 21 22 23 24 19 20 Indian Lake 25 30 29 28 27 26 25 30 29 28 27 26 25 30 29 CD 1 32 JD 24 36 31 33 34 35 36 JD 16 31 32 33 34 35 36 31 32
Soils can be a good indicator of the conditions that would exist before agricultural use. Soils Capability Class * Class I soils have few limitations that restrict use. * Class II soils have moderate limitations, which reduce the choice of plants that can be grown or indicate the need for moderate conservation practices. * Class III soils have severe limitations, which reduce the choice of plants, indicate the need for special conservation practices, or both. * Class IV soils have very severe limitations, which restrict the choice of plants, indicate the need for very careful management, or both. * Class V soils generally are not considered suitable for cultivation. These soils are not likely to erode, but they have other limitations that are impractical to remove and limit their use. * Class VI soils have severe limitations that make them generally unsuited for cultivation. * Class VII soils have very severe limitations that make them unsuited for cultivation. * Class VIII soils and land forms have limitations that nearly preclude their use for commercial crop production.
Soils Capability Subclasses. Subclasses are soil groups within one class; they are designated by adding a small letter e, w, s, or c to identify the most important sod limitation. Subclass e. The letter e indicates that the main limitation is the risk of erosion. Subclass w - The main limitation indicated is excess water in or on the soil due to poor soil drainage, wetness, a high water table, or overflow. Subclass s - The soil is limited mainly because it is shallow, droughty, or stony or has another soil problem in the rooting zone, such as a low moisture-holding capacity, salinity, or alkalinity. Subclass c - The chief limitation is a climate that is too cold or too dry.
Capability Units. In some local areas, soil capability units are used to identify soils that have similar management requirements, similar risk, and similar productive capability. For example, two soils in subclass Ile may be classed IIe-I and IIe-2 to distinguish the degree of management needed to control the erosion problem. A viewer must still take into consideration the evidence gathered during visual inspection including: the drainage patterns with the project area, the topography, land use, soil mapping inclusions, and other environmental issues.
Soils
Contours DEM
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