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Road comissioner's power to go off ROW, drainage issue.
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iseedit
Posted 6/9/2019 07:14 (#7549075 - in reply to #7548702)
Subject: RE: Road comissioner's power to go off ROW, drainage issue.



central - east central Minnesota -

Deere6 - 6/8/2019 21:42 We have a neighboring landowner who installed 2 6" tile lines and dumped them into the township ditch. They do not follow the path of natural drainage, Im assuming because it would have taken another 1500' or so of tile to the outlet. The township ditch has a pipe running under the road where the lines dump out. The ditch and pipe were not deep enough for grade on the line, so the road comissioner installed a new pipe, about 1' deeper. We have a grass water way on the other side of the road, was reshaped a couple years ago and was maybe 6" lower than where the pile was originally. However with the new pipe being 1' deeper, it wouldnt drain, so they used shovels to start a path for the water. Probablly went roughly 20' or so off the ROW to get the water started downhill. The waterway was gentle, when planting headlands we picked up drove across and set back down. At the bottom of the hill it flattens out toward a creek and we were planting straight through it with no issues. Of course now we have water ponds everywhere and likely a gully in the near future as grass doesnt grow very well in perpetually wet areas. Frustrating situation. Anyone know what it takes for the road comissioner to do this? I know there are circumstances that allow municipalities to go off their ROW, but Im sure there is some type of protocol that would have to be followed first? 

Drainage law and ROW law differ in different states, but pretty much all have the base characteristics of same property rights. You have been violated, as most agree and you too know.
TT the commissioner and land owner, ask for remedy . . . at their cost first. If no answers, then let them know your next step will be meeting with drainage attorney and SWCD. Spend $300 bucks and have the attorney send the letter. In some states, your attorney costs will be paid by the offending party if found guilty of the act (ROW violation {illegal taking} without due process, here in Mn). Worth checking out . . . . . . .



Edited by iseedit 6/9/2019 07:15
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