Chapter 4: Viewing and Appraising

Chapter Contents

I. Introduction to Chapter 4

A. Overview

II. Procedures Requiring Viewing

1. New Drainage System Projects
2. Improvement of Drainage System
3. Improvement of Outlets
4. Laterals
5. Redetermination of Benefits and Damages
6. Repair by Resloping Ditches, Incorporating Multistage Ditch Cross-Sections, Leveling Spoil Banks, Installing Erosion Control, or Removing Trees
7. Inclusion of Property That Has Not Been Assessed Benefits
8. Abandonment of Drainage System
9. Incremental Acquisition of Grass Strips
10. Drainage System Transfer

III. Appointment of Viewers

A. Procedures for Appointing Viewers

B. Description of Viewer Qualifications

1. Disinterested Residents of Minnesota
2. Accredited Members of Minnesota Viewers Association

IV. Assessment of Drainage Benefits

A. Determining Benefits for Tribal, Government, or Public Lands

1. Federal or Tribal Lands
2. State Lands or Water Areas Used for Conservation
3. Other State Lands
4. Consolidated Conservation Lands
5. Municipalities
6. Water Management Authority
7. Public Roads
8. Railways and Other Utilities

B. Market-Value Based Benefits

1. Increase in Current Market Value
2. Increase in Potential for Agricultural Production
3. Increase in Value of Property as a Result of a Potential Different Land Use

C. Charge-Based Benefits

1. Benefits for a Proposed Drainage Project as Outlet
2. Benefits for Existing System that Increases Sedimentation in Downstream Areas of the Watershed
3. Benefits for Existing System that Accelerates Natural Drainage

D. Protection Benefits

E. Benefit Considerations for Certain Projects and Proceedings

1. Improvement to an Outlet Benefits

V. Extent of Damages

A. Easements and Rights-of-Way

1. Channel of Open Ditch
2. Permanent Strip of Perennial Vegetation
3. Other Damages

B. Temporary Construction Easements

C. Damages for Repairs by Resloping, Incorporating a Multi-Stage Cross-Section, Leveling Spoil Banks, Installing Erosion Control, or Removing Trees

VI. Viewers' Report/Property Owners' Report

A. Preparation of Viewers’ Report

B. Disagreement of Viewers

C. Filing Viewers’ Report

D. Property Owners’ Report

VII. Maintaining Benefits Records

A. Recording of Benefits

B. Recording of Drainage System Order and the Marketable Title Act

C. Allocation of Benefits for Parcel Splits and Transfers

This page was last edited on 27 October 2016, at 15:19.

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