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1997 Minnesota Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagmn0037 and id is 1 raw text is: DRAINAGE: REPAIRS: LIMITATION UPON COST: The limitation contained in Minn. Stat. § 103E.715, subd. 4(a) (1996) on cost of repairs made pursuant to a repair petition does not apply to routine maintenance and repairs made by a drainage authority pursuant to Minn. Stat. § 103E.705 (1996). 602-J July 10, 1997 Elroy Hanson Wambach & Hanson Law Office 210 South Main Street P.O. Box 340 Mahnomen, Minnesota 56557 Dear Mr. Hanson: In your letter to the Attorney General you present substantially the following: FACTS An established drainage system has five miles of open ditch in the drainage system. The total benefits determined many years ago in the original drainage system proceeding were $25,000.00. The drainage system is now in need of repairs exceeding $25,000.00. You then ask substantially the following: QUESTION Does the limitation contained in Minn. Stat. § 103E.715, subd. 4(a) (1996) on cost of repairs under a repair petition apply to routine maintenance and repairs made by a drainage authority pursuant to Minn. Stat. § 103E.705 (1996)? OPINION The limitation on cost of repairs contained in Minn. Stat. § 103E.715. subd. 4(a) (1996) does not apply to routine maintenance and repairs made under Minn. Stat. § 103E.705 (1996). Minn. Stat. § 103E.715 (formerly Minn. Stat. § 106.471, subd. 4) governs procedures for repairs to a drainage system made pursuant to a petition filed by an individual or an entity interested in or affected by a drainage system. Under the petition procedure, a drainage authority shall make findings and order a repair if the drainage authority determines that the drainage system is in I

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