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Blocked ditch absentee landowner Minnesota?
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Tim swMN
Posted 6/18/2024 09:57 (#10778627 - in reply to #10775220)
Subject: RE: Blocked ditch absentee landowner Minnesota?



Hendricks MN
Odin - 6/16/2024 08:06

These are your answers:
1. If there is a prior recorded joint agreement for maintenance you may attempt to enforce that. Unlikely there is.
2. If no agreement, you should be able to either obtain permission from the other owner to repair ditch on your own dime, or get a court order allowing you to do so. This is the most likely.
3. Neither NCRS or any other governmental unit will help you in maintenance. The like water backup and wetlands. If the backup continues long enough they may declare the ditch to be "abandoned" and refuse to permit ditch cleaning.
4. There is a chance that you could petition your county or other ditch authority for a public ditch system that would permanently maintain the ditch. However potential obstacles are:  1.  You must post a bond and pay legal and engineering expenses if the petition does not succeed; and
2.  There must be more "benefits" than costs resulting from the project for it to ultimately succeed.  Often a problem.
So:  either repair it yourself, with other upstream owners if any; or talk to a drainage lawyer about a petition for public ditch.  Most economical is likely repair it yourself.   No one else is going to do this for you.



This is the best answer. He can't block the water flow but can let it slit up and limit flow. The cheapest way to fix your problem will be to offer to pay for the cleaning. The first check written to a lawyer will be more the cost of cleaning it yourself. You could partition to create a public drainage system and force everybody to pay, lots of red tape, time and expense. A public system can come close to doubling the cost for everything and is only getting worse.
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