D. Property Owners’ Report D. Property Owners’ Report

D. Property Owners’ Report

After the viewers have filed their report with the drainage authority, the auditor/watershed district secretary must, within 30 days, make the property owners’ report.¹⁴⁷ It is common that the viewers assist the auditor or secretary in completing this report, as it requires somewhat different information than the viewers’ report, and this information is only available from the viewers.

For each property owner benefited or damaged by the proposed drainage project, the property owners’ report must show:

1. The name and address of the property owner;
   
2. Each lot or tract and its area that is benefited or damaged¹⁴⁸;
   
3. The total number and value of acres added to a tract or lot by the proposed drainage of public waters, wetlands, and other areas not currently being cultivated;
   
4. The number of acres and amount of benefits being assessed for drainage of areas which before the drainage benefits could be realized would require a public waters work permit to work in public waters under Minn. Stat. § 103G.245 to excavate or fill a navigable water body under United States Code, title 33, section 403, or a permit to discharge into waters of the United States under United States Code, title 33, section 1344;
   
5. The number of acres and amount of benefits being assessed for drainage of areas that would be considered conversion of a wetland under United States Code, title 16, section 3821, if the area was placed in agricultural production;
   
6. The damage, if any, to riparian rights;
   
7. The amount of right-of-way acreage required;
   
8. The amount that each tract or lot will be benefited or damaged;
   
9. The net damages or benefits to each property owner¹⁴⁹;
   
10. The estimated cost to be assessed to the property owner based on the cost of the drainage project in the engineer’s detailed survey report¹⁵⁰; and
    
11. A copy of the benefits and damages statement under Minn. Stat. § 103E.321, subd. 2, paragraph (a), relating to the property owner.¹⁵¹
    

A sample property owners’ report is found here: Template B.

The auditor or secretary must mail a copy of the property owners’ report to each owner of property affected by the proposed drainage project.¹⁵² The auditor or secretary should prepare and file an affidavit of mailing, but one is not required by the drainage code.¹⁵³

A sample affidavit of mailing is found here: Exhibit C.

FOOTNOTES

¹⁴⁷ Minn. Stat. § 103E.323, subd. 1 (2015).
¹⁴⁸ Unlike the viewers’ report, the property owners’ report requires the area benefited or damaged to be listed specifically.
¹⁴⁹ Net benefits are the total benefit or damage adjusted to indicate a system inefficiency or a proximity consideration given by the viewers.
¹⁵⁰ This is the property owner’s percentage of total benefit multiplied by the total estimated project cost. It may be beneficial to also break this down into an estimated annual cost. The annual cost, during a redetermination of benefits, may be based upon the anticipated annual maintenance budget.
¹⁵¹ Minn. Stat. § 103E.323, subd. 1(1)-(11) (2015).
¹⁵² Minn. Stat. § 103E.323, subd. 2 (2015).
¹⁵³ Minn. Stat. § 103E.323, subd. 2 (2015).