§ 103E.051 — Defective Proceedings
Plain-Language Summary
This section addresses what happens when drainage proceedings have defects or errors. Minor mistakes in the proceedings do not automatically make the entire drainage project invalid. The law allows for correction of defects to keep drainage projects from being thrown out over technicalities.
103E.051 DEFECTIVE PROCEEDINGS.
(a) A party may not take advantage of an error in a drainage proceeding or an informality, error, or defect appearing in the record of the proceeding or construction, unless the party complaining is directly affected. The modification of the benefits or damages to any property, or the enjoining of collection of any assessment, does not affect any other property or the collection of any assessment on other property.
(b) If a drainage project has been established and a contract awarded in good faith, without collusion, and at a reasonable price:
(1) a defect or lack of notice in awarding, making, or executing the contract does not affect the enforcement of an assessment; and
(2) if the contract is performed in good faith in whole or in part, a defect does not invalidate the contract.
History:
History: History:
1990 c 391 art 5 s 11