F. Adoption of Final Order F. Adoption of Final Order

F. Adoption of Final Order

The detailed findings should set forth those facts elicited at the final hearing which, by virtue of their source or their frequent repetition, appeared credible enough to support the findings. Testimony at the hearings (preliminary and final) is not taken under oath, nor is it necessarily reported verbatim. Other features to be included in the final order are discussed in Chapter 2, Section VIII on “Funding, Collection, and Payment of Drainage System Costs.”

1. Dismissal of Proceedings

If, after the final hearing is complete, all potential changes have been explored and all continued hearings held, the drainage authority is still dissatisfied with the plan, the drainage authority may dismiss the proceedings. The drainage authority must dismiss the proceedings and petition, by order, if it determines that:

1. The benefits of the proposed drainage project are less than the total cost including damages awarded;
   
2. The proposed drainage project will not be of public benefit and utility; or
   
3. The proposed drainage project is not practicable after considering the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1.⁷¹⁰
   

If possible, the drainage authority should pass a motion to dismiss at the final hearing stating the grounds upon which the dismissal is made. The persons in attendance, then, should be told that the drainage authority will make detailed findings and will mail them out to persons in attendance and/or all interested persons. The drainage authority’s legal counsel should be directed to prepare detailed findings and an order. The drainage authority’s legal counsel will have a much easier time of doing that if in attendance at the hearing. A sample Findings and Order Dismissing Proceedings and Petition is found in Template C.

2. Establishment of Proposed Drainage Project

If the drainage authority, after the final hearing is concluded, is generally satisfied with the plan and desires to establish the project, a motion so indicating should be adopted. Such a motion should state that all of the criteria necessary for establishment are met and that the project, as amended, is established. To establish the drainage project, the drainage authority must determine that:

1. The detailed survey report and viewers' report have been made and other proceedings have been completed under this chapter;
   
2. The reports made or amended are complete and correct;
   
3. The damages and benefits have been properly determined;
   
4. The estimated benefits are greater than the total estimated cost, including damages;
   
5. The proposed drainage project will be of public utility and benefit, and will promote the public health; and
   
6. The proposed drainage project is practicable.⁷¹¹
   

The order must contain the drainage authority's findings, adopt and confirm the viewers’ report as made or amended, and establish the proposed drainage project as reported and amended.⁷¹²

The drainage authority’s or the petitioners’ attorney may prepare the detailed findings adopting and confirming the engineer’s detailed survey report, as amended, and the viewers’ report, as amended, and establishing the proposed drainage project as reported. If prepared by the drainage authority’s attorney, the drainage authority’s attorney may consult the petitioners’ attorney to assist in the preparation of the final order. Again, the final order should set forth all credible facts established at the final hearing supporting the conclusion that the project should be established. If prepared by the petitioners’ attorney, the drainage authority’s attorney should review and approve the proposed findings and order before they are submitted to the drainage authority for approval.

The proposed findings and order may be considered and adopted at an open meeting of the drainage authority without further notice. The resolution adopting the findings and order should designate the member of the drainage authority, presumably the chairperson or vice chairperson, who will sign the findings and order on behalf of the drainage authority. It is recommended that a copy of the findings and order or a notice of the filing of the order be mailed out by the auditor or secretary to all interested persons. A sample Findings and Order Establishing a Drainage Project is found in Template D.

No construction contracts may be let for at least 30 days after date of filing. If no appeals have been filed within that time, contracts may be let.⁷¹³

Appeals from orders are de novo,⁷¹⁴ but the findings of the drainage authority are deemed prima facie⁷¹⁵ evidence of the matters stated therein.⁷¹⁶ The drainage authority’s order is deemed prima facie reasonable. However, the reviewing trial court will accept evidence at the appeal hearing as opposed to a pure review of the record.⁷¹⁷ The drainage authority should strive to include detailed, credible facts in its order to support the drainage authority’s conclusions. Detailed findings are the single, best deterrent to appeals. For a more detailed discussion on appeals, see Section VII of this Chapter.

FOOTNOTES

⁷¹⁰ Minn. Stat. § 103E.341, subd. 1(1)-(3) (2015).
⁷¹¹ Minn. Stat. § 103E.341, subd. 2(a)(1)-(6) (2015).
⁷¹² Minn. Stat. § 103E.341, subd. 2(b) (2015).
⁷¹³ Minn. Stat. § 103E.505, subd. 1 (2015).
⁷¹⁴ Schultz v. Chippewa Cnty., 57 N.W.2d 158, 164 (Minn. 1953).
⁷¹⁵ “Prima facia” is defined by Black's Law Dictionary, 4th ed., as "such as will suffice until contradicted and overcome by other evidence."
⁷¹⁶ Minn. Stat. § 103E.095, subd. 2 (2015).
⁷¹⁷ Minn. Stat. § 103E.095, subd. 2 (2015).