§ 103E.231 — Dismissing or Delaying Proceedings; Petitioners
Plain-Language Summary
A majority of petitioners who own at least 60 percent of the petitioned area can dismiss a drainage proceeding before the project is established. They must pay all costs incurred so far. The drainage authority can also delay proceedings if a majority of petitioners request it.
103E.231 DISMISSING OR DELAYING PROCEEDINGS; PETITIONERS.
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Subdivision 1.Dismissal.
(a) A proceeding under this chapter may be dismissed by a majority of the petitioners if they own at least 60 percent of the area owned by all of the petitioners as described in the petition.
(b) The proceeding may be dismissed at any time before the proposed drainage project is established after payment of the cost of the proceeding. If the costs cannot be collected, each and all petitioners are liable for unpaid assessments. The drainage authority shall determine and assess the cost of the proceeding against the persons liable. After the proceeding is dismissed any other action on the proposed drainage project must begin with a new petition. §
Subd. 2.Delay.
The drainage authority may delay drainage proceedings and drainage project construction under this chapter if a majority of the petitioners petition for a delay and the drainage authority holds a hearing on the petition. The delay may be for a period determined by the drainage authority. The drainage authority shall determine the cost of the proceedings up to the time the proceedings are delayed and when the costs are to be paid. The costs may include interest on the costs due.
History:
History: History:
1990 c 391 art 5 s 33