Summary of VII. Maintaining Benefits Records Summary of VII. Maintaining Benefits Records

Summary

When a contract to construct the drainage system is awarded, the auditor or watershed district secretary makes a statement showing the total cost of the project prorated to each tract of property affecting in direct proportion to the benefits. Damages awarded to a tract are subtracted from the costs. The liability (cost less damages) for each tract of property must be documented in tabular form in a drainage lien statement. Recording of benefits and drainage lien statements are further discussed in Chapter 4, Section VII, A.

After the drainage system is ordered, the lands affected by the drainage system have a new legal status. The benefit provided by the drainage system becomes a property right that runs with and is binding upon the land, even when ownership of the land transfers. The drainage authorities may consider recording of drainage system easements. This process is discussed in detail within Chapter 4, Section VII, B.

Occasionally, a person may want to apportion a lien recorded against property for the purposed of splitting the parcel and transferred it to another owner. Or, if an owner of property subject to a drainage lien wants to plat the property, the apportionment of the drainage lien proceedings must be complete before the plat can be legally recorded. More information on allocation of benefits for parcel splits and transfers is provided in Chapter 4, Section VII, C.