Rensselaer Republican, Volume 17, Number 31, Rensselaer, Jasper County, 9 April 1885 — Some Points about the New Drainage Law. [ARTICLE]

Some Points about the New Drainage Law.

The new ditch low was signed by the Governor last Saturday, and having an emergency clause attached it is now in full force. ’ *• The law is very voluminous,, necessarily so, we presume, as a good drainagqjlaw must necessarily cover a great many points. How voluminous it is may be judged from the fact that a close estimate shows that would fill not less than eight full of this paper, set in type of ordinary size. Below we give a brief summary or abstract of the law; giving so far as practicable, especial prominence to the points wherein it differs from the late drainage law, which it supersedes and repeals: There are hereafter to be two regular Ditch Commissioners instead of three as at present. The County Surveyor is stilt Ditch Commissioner, exofficio, and the Board of County Commissioners are required to appoint a second, who holds office for two years, but who may be removed at any time by the Board of Commissioners. In case of a vacancy in the office of Drainage Commissioner, the County Commissioners may appoint one at any regular or special session. Whenever any owner or owners of eeperite tracts of land which would be benefited by the same drainage.'which cannot bo accomplished in the best and cheapest manner. without effecting other lauds, shall desire such drainage, they may apply for the same by petition to the Circuit Court of the county in which the lands of the petitioners arc situated. The petitioneis shall describe, in tracts of 40 acres, the lands of others, which will be affected by the proposed ditch, and give the numqs ol the owners, if known, or 1 ifunkn&wn, so state. •

L Jfhe pe’itioti shall also state that, in the opinion of tho petitioners, either that the public health will be improved or that one or more public highways o! the county, or street or streets of a town or city, will be benefited by the proposed drainage, or that the.proposed work will beofpublic utility, iDtlitghall stale generally the method by which it is believed such drainage can be accomplished in the cheapest and best manner, and the belief of the petitioners that the costs, damages and expenses of such drainage will be less than the benefits , which will result to the owners of the lands likely to be benefited thereby. Such petition, shall be verified by one of the ; e itioner.-’. When the petitioners file their petition with the Circuit Cierk they must note the day set for docketing the same and give.the owner or occupant of each tract described, who is a resident ol the.county, notice thereof, by a writtenor printed notice, setting forth the route ol the drain, the pendency of such petition; and when the same shall be dockefed. Such notices may be servod by any of the petitioners or by any perStm for them, iu the same manner as summons arc served in civil eases. Non-resident owners sb-.1l be notified.bv posting up notices in three public places iu each township where the lands are situated, and near the line of the proposed ditch, and one at the door of the court house. The notices must be given not less than 20 days before the day set for docketing the case. If it, appears that proper notices have been given, the Court orders the petition to be placed on the d.cket as an action pending therein. Any person named in such petition shall have ten days in which to remonstrate against the form of the petition, or to file objections on account of the interest of the Commissioners iu tho ditch, or kinship to any person whose lands are effected. After the •(pi days hive elapsed, the court shah consider such objections, and if it finds the petitii n defective shall dismiss the same at the cost of the petitioners, unless it be amended within a time fixed by court: Provided, That if, at this stage of the pmcee lings, two-thirds im number of the laud owners, named as -ueh in such petition, resident in the eoOttty or counties where the lairds allecteil arc situated, shall remonstrate, in writing, against the construction of such drain, or ditch, such petition shall be dismissed, at the cost of the peti doners. If no such remonstrance shall be filed, and the Court deems said petition sufficient, such Court shall make an order referring tho same to the Drainage Commit-sioners, above pro

vided for: Provided, That when such order shall be made referring tho petition to the Drainage Commissioners, it shall he, tho duty of the Court to appoint a third Dmnage Commissioner to act therein, who bhail h« a repntable freeholder, and disinterested, and ■ a man of intelligence and good judg- i meat, and a resident of some town- I ship, through or into which such ditch | or dram is proposed t > be constructed;! and i t shall be the duty of tho peti- • tiouers, at their own cost, to give n< - : the to such person ot such appointment. All pbjettious to the petition or the acting of any Drainage Commissioner not made within the said ten days, shall be deemed waived. Intheprder releiring said mgUer tdtho commissioners, tho court shalLfix a time and nlace ter their meeting and a time when they shall report. They shall make personal inspection of the lands 4 es cribed tn the petition,"and of all other Inndfi likely to be affected by the proposed woik, and consider: First. Whether tho drainage proposed is practicable. y -

Second. Whether, when accomplished, it will improve the public health, or benefit any public highway in the county, or be of public utility: and, • Third. Whether the costs, damages and expenses will be less than the benefits to the owners of the lands likely to be benefited by the proposed drainage. If they find any of these inquiries in the negative they shall report the same to the court, and the petition shall be dismissed at the cost of the petitioners. But if they find otherwise, they shall proceed and definitely determine the best and cheapest method of drainage, the termini and route, 10-. cation and character of the proposed worK, including grades and bench marks, estimate the cost, divide the drain or ditch into sections not more than 100 feet it length, and compute and set out the numbef of cubic yards of excavation in each section, assess the benefits or injury, to each separate tract of land to be affected, and to easements held' by railways or other corporations, and make report to the court as directed under oath. Any two of such Commissioners may act without the presence or concurrence of the third.

In all cases where lands are nam ed in such report as affected by the proposed work, and which are not named in the petition, the court shall set a day for hearing the report; and the owners of such lands shall have ten days notice of the time of such hearino-. Upon the making of such report ten days shh.il be allowed to any owner of laud reported benefited or damaged to remonstrate, and the remonstrance mav be tor any of the following causes: First. That the report of the Commissioners is not according to law, that certain lands are assessed as benefited; too much, as compared with other lands. 7k »> ' v ’'* 4

Second, Third, Fourth and Fifth. By any person whose lands are assessed as benefited : Ist that the damages assessed to any specified tract are exorbitant; 2nd that his lands are assessed too much, as compared with others: 3rd, that other tracts are assessed to low; 4th, that his lands will not be benefited to the extent of the assessment. Sixth. By any person whose lands are reported as benefited: That the damages assessed are inadequate. Seventh. By any person whose lands are reported as benefited. That his lands will be damaged. Eighth. That the expense of the proposed work will exceed tl;e benefits. Ninth. That the proposed work will ’not improve public health, benefit any pubfie highway, nor be of public utility. Tenth. That the proposed work, as reported, will not be sufficient to properly drain the land. AU questions of fact arising out of petition, report or remonstrance are to be tried by the court, with a jury. If the Court decides that the first cause of remonstrance is true, it may order the Commissioners to amend their report or to make a new one. If the 2nd, 3rd, 4th, sth, 6th, or 7th causes of remonstrances be found true, the Court may modify and equalize the assessments, as justice may require. If the Court finds that the Bth, 9th, or 10th causa of remonstrance is true, the proceeding* shall be dismissed at the cost of the petitioners. In case the court finally orders the ditch to be established, it shall assign the srline to ono of the three Commissioners, or to .gny disinterested freeholder of the county, for construction. When the Court finds against the remonstrance in any caure. or when in his favor on the 3rd, 4th, sth, 6ch, or 7th causes, and the assessments are not changed 10 per cent, in liis favor, he shall pay the costs occasioned by his remonstrance.

Section 5 gives directions to the Comtnissioners, or other persons charged with the ditch, for its construction. It provides, among other things, that he shall divide his work into stations, not exceeding 100 feet in length, and furnish to any person interested computations of the number of cubic yards of excavation in each station; and shall, after giving two weeks' notice in a paper of general circulation in the county, proceed to lot the work by contract, to the lowest and best bidder, by stations. Provided. That any person whose lands are assessed for benefits shall have the preference, at the same rate, over any ether contractor, to take as many stations as shall amount to his assessment. 1 Assessments are to be paid in ihonthly staliments, and dot more than 8j; per cent- shall be collected in any one month. -t . —A " Commissioners must keep exact accounts of the time occupied in his duties, and the Court shall allow him not to exceed S 3 per day for time actu- ‘ ally and necessarily employed; I Section 10 provides that the County Surveyor shall keep ditches in repair 1 a*rer construction, and assess the costs ■of such repairs up-’n the lands benefited by the ditch, in the same propor- ■ iion that benefits were assessed for its

construction. If the repairs are rendered necessary by the negligence, or if the ditch is filled or obstructed by the cattle or other stock, of any owner or occupant of land affected, then such owners must pay the cost of the repairs. The provision’s of this section apply to all drainage works constructed under any present or previous law in this state. Section 13 repeals the ditch law of 1881 and 1883, but provides that where applications have been isiade or works are being constructed under said apts, the same may be carried on and completed, according to the provisions of said acts, and shall not be affected by this act.