A. General (Section 2. VI) A. General (Section 2. VI)

A. General

Once a drainage project has been ordered, the petitioners’ representative should ensure that the order is date stamped as received and filed with the county auditor or the secretary of the watershed district in order to commence the thirty day appeal period that must take place before a contract for the drainage project can be let.⁷¹⁸

If an appeal of the project’s establishment order is made, a contract cannot be awarded until the appeal is final and the time for further appeals expires.⁷¹⁹

If an appeal regarding the benefits and damages is raised within thirty days of the order being filed, the drainage authority may wait until the appeal is finally determined or may proceed to order the contract be awarded while the appeal is pending.⁷²⁰ If an appeal is filed, it is recommended the drainage authority only proceed to award a contract if the benefits so far exceed the damages and costs that, even if successful, the appeals would not undermine the project. The auditor may initiate the request to the drainage authority to award a contract.⁷²¹ If the auditor does not initiate the request, the drainage authority must provide the auditor or secretary with five days’ notice of the hearing.⁷²²

If, after the thirty day period, no appeals regarding the determination of benefits and damages have been filed, then the letting process may begin and contracts may be awarded.

FOOTNOTES

⁷¹⁸ See Minn. Stat. § 103E.505, subd. 1 (2015) (“Thirty days after the order establishing a drainage project is filed, the auditor and the drainage authority or, for a joint county drainage project, a majority of the auditors of the affected counties shall proceed to award the contract to construct the drainage project.”).
⁷¹⁹ Minn. Stat. § 103E.505 (2015).
⁷²⁰ Minn. Stat. § 103E.505, subd. 2 (2015).
⁷²¹ Minn. Stat. § 103E.505, subd. 2 (2015).
⁷²² Minn. Stat. § 103E.505, subd. 2 (2015).