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Drainage cost allocation?
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dko_scOH
Posted 9/9/2020 12:44 (#8485051)
Subject: Drainage cost allocation?



39.48, -82.98
I have tile drainage in mind, but I suppose the following hypothetical case could apply to surface drainage, too.

Imagine a 500-acre drainage area, where five landowners hold 100 acres each. If fully developed, each would contribute about the same amount of water to the system.

An existing -- and failing, undersized -- main line runs from owner A, then through B, C, and D to an adequate outlet. E has a sub-main that flows into B.

All could benefit from additional tile drainage. C says at his age he is not interested in adding tile, but will permit others to cross his property. E already has a lot of pattern drainage completed. His water is leaving his farm, but is causing trouble for the downstream owners.

Okay, this is something of a compilation of current and potential future situations. The goal is to explore what all is taken into account in sharing the common good of a main tile drain. I will assume that all laterals will be paid for by the associated landowners. Sub-mains that only serve two owners will be borne by those two.

However the overall main cost is split, I will assume it is the total project cost that is shared. Owner A may protest that all the expensive 15-inch tile is on C and D...but he needs to pay his part of that, too.

So...do you say five owners, everyone pays 20%? Do A, B, D, and E each pay 25%, since D expresses no interest in adding tile? When D's son takes over, do you deny him access to the main until he ponies up his 20%?

What kind of unforeseen issues have you experienced? What strategies have proven useful in moving your project forward?
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