D. Crimes Related to Drainage Systems and Penalties D. Crimes Related to Drainage Systems and Penalties

D. Crimes Related to Drainage Systems and Penalties

The drainage code has one section in it calling for criminal penalties for certain acts. These would be misdemeanors and would include such things as the unauthorized use of a public system as an outlet, the intentional obstruction of a drainage system, knowingly planting trees over a public drain tile without permission, or willfully changing the location or altering engineer’s markings or stakes.⁹⁰⁵

Only the most aggravated of situations should be prosecuted as crimes. The unauthorized use of an outlet may be dealt with in several ways within the drainage code without resorting to criminal action. The obstruction of a drainage system or the altering of engineer’s markings or stakes is another matter. If malicious intent can be shown, vis-a-vis accidental or negligent conduct, such actions are readily prosecutable and should be prosecuted. The county attorney, acting in a prosecutorial capacity, should prosecute the case. In so doing, the county attorney officially represents the State of Minnesota. The drainage authority, as the trustee of the drainage system for the benefit of all assessed landowners is, in effect, the victim.

FOOTNOTES

⁹⁰⁵ See Minn. Stat. § 103E.081 (2015).