Redetermination of Benefits History Settlement: 160 acres of land - - PowerPoint PPT Presentation

Drainage Authority Redetermination of Benefits

Settlement: 160 acres of land was available by homestead after living on the tract for 5 years. Homesteading began in 1840. Minnesota was granted statehood in 1858. The first drainage related legislation was passed that year entitled “ An act to regulate and encourage the drainage of lands.” The first law appointing viewers was in 1883. Changes in 1887 first addressed drainage districts and consideration of proximity. Very little changed in the drainage laws affecting viewing until 1977.

History

Early Homesteaders

Early farm drainage 1890-1910

Farming practices 1900

Farming practices 1900

Public drainage

Viewers Report

Ditch construction

Tile Installation

Improvement/Repair 1920-1930

Post World War 2

Improvement 1950-1960

Modern Farming

103E.351 REDETERMINING BENEFITS AND DAMAGES. Subdivision 1.Conditions to redetermine benefits and damages; appointment of viewers. If the drainage authority determines that the original benefits

• r damages determined in a drainage proceeding do not

reflect reasonable present day land values or that the benefited or damaged areas have changed, or if more than 50 percent of the owners of property benefited or damaged by a drainage system petition for correction of an error that was made at the time of the proceedings that established the drainage system, the drainage authority may appoint three viewers to redetermine and report the benefits and damages and the benefited and damaged areas.

The Viewing Process is a Mass Appraisal Process that values a universe of properties as of a given date, using a standard methodology, employing common data, and allowing for statistical testing.

Benefits: "Benefits" refers either to the impact a drainage system has on land in terms of improving the market value of the land or the impact (and costs associated with that impact) that the land has on the drainage system because of land use that accelerates drainage, transports sediment or increases volume demand in a drainage system. These two bases for benefits are referred to in this manual as “market value based”

• r “charge-based” benefits.

Damages: "Damages" means the reduction of value resulting from the construction of a drainage system, including the value

• f the land actually taken for an open channel and for the

permanent grass strips bordering it, severance damages, loss of crop production during project construction, and diminished productivity due to increased overflow.

Minnesota Public Drainage Manual

103E.305 VIEWERS' APPOINTMENT AND QUALIFICATION. Subdivision 1.Appointment. When the order for a detailed survey is made, the drainage authority shall, by order, appoint viewers consisting of three disinterested residents of the state qualified to assess benefits and damages. The drainage authority may establish qualifications for viewers.

Benefit Valuation The statute language for the determination of benefits and damages is included under 103E.315. The statue has 8 separate subdivisions addressing different benefits and damages. 103E.351 addresses redetermination of benefits and refers back to the same consideration. 103E.315 ASSESSMENT OF DRAINAGE BENEFITS AND DAMAGES. Subd 1.State land.

• Subd. 2.Government property.
• Subd. 3.Public roads.
• Subd. 4.Railway and other utilities.
• Subd. 5.Extent and basis of benefits.
• Subd. 6.Benefits for proposed drainage project as outlet.
• Subd. 7.Benefits for project that increases drainage capacity.
• Subd. 8.Extent of damages.

• Subd. 5.Extent and basis of benefits.

(a) The viewers shall determine the amount of benefits to all property within the watershed, whether the property is benefited immediately by the construction of the proposed drainage project

• r the proposed drainage project can become an outlet for

drainage, makes an outlet more accessible, or otherwise directly benefits the property. The benefits may be based on: (1) an increase in the current market value of property as a result

• f constructing the project;

(2) an increase in the potential for agricultural production as a result of constructing the project; or (3) an increased value of the property as a result of a potential different land use. (b) Benefits and damages may be assessed only against the property benefited or damaged or an easement interest in property for the exclusive use of the surface of the property.

• Subd. 6.Benefits for proposed drainage project as outlet.

(a) If the proposed drainage project furnishes an outlet to an existing drainage system and benefits the property drained by the existing system, the viewers shall equitably determine and assess: (1) the benefits of the proposed drainage project to each tract or lot drained by the existing drainage system; (2) a single amount as an outlet benefit to the existing drainage system; or (3) benefits on a watershed acre basis. (b) Assessments that conform with the provisions in this subdivision are valid. If a single sum is assessed as an outlet benefit, the lien for the assessment must be prorated

• n all property benefited by the existing drainage system in proportion to the benefits

determined for the existing drainage system. (c) Within the watershed that drains to the area where a project is located, the viewers may assess outlet benefits on: (1) property that is responsible for increased sedimentation in downstream areas of the watershed; and (2) property that is responsible for increased drainage system maintenance or increased drainage system capacity because the natural drainage on the property has been altered

• r modified to accelerate the drainage of water from the property.

Viewing Aids

• Lidar & DEMs
• County GIS
• Soils Book
• USDA web soil survey site
• Soil characteristics, classification 3W, 2W, 2E, 1 ect.
• Aerial photos, Google Earth
• Sales data from the County Assessor.
• Yield averages taken from local sources, USDA, and

University Of Minnesota Extension service

• Production costs taken from local sources, University of

Minnesota FinBin

• Visual inspection of each 40 acre parcel or less.
• Consult with the County Auditor and Ditch Inspector, and

project Engineer.

Viewers determine Ditch System Watersheds

Lorain Indian Lake Round Lake Ewington Rost Bigelow Sioux Valley Worthington

JD 13 JD 24 JD 9 CD 10 JD 16 CD 1 CD 6 Indian Lake CD 25 CD 9

1 5 8 6 7 9 2 4 6 4 7 1 3 5 3 9 2 7 8 6 1 11 11 19 30 19 30 31 34 24 25 20 32 21 31 35 31 24 30 20 21 29 28 31 20 33 35 28 23 13 24 34 29 26 18 26 27 16 25 19 28 23 12 28 26 23 35 27 26 21 12 22 35 33 10 36 29 23 33 33 30 22 27 21 19 14 22 20 36 29 32 24 17 36 13 32 34 34 17 22 30 32 14 19 25 16 10 18 27 18 31 15 15 31 36 30 19 12 25 36 25 24 13 24 25 36 18 13 14 15 16 17 18 13 14 15 16 8 17 18 5 32 13 29 20 17 32 29 23 20 26 17 14

Soils can be a good indicator of the conditions that would exist before agricultural use. Soils Capability Class * Class I soils have few limitations that restrict use. * Class II soils have moderate limitations, which reduce the choice of plants that can be grown or indicate the need for moderate conservation practices. * Class III soils have severe limitations, which reduce the choice of plants, indicate the need for special conservation practices, or both. * Class IV soils have very severe limitations, which restrict the choice of plants, indicate the need for very careful management, or both. * Class V soils generally are not considered suitable for cultivation. These soils are not likely to erode, but they have other limitations that are impractical to remove and limit their use. * Class VI soils have severe limitations that make them generally unsuited for cultivation. * Class VII soils have very severe limitations that make them unsuited for cultivation. * Class VIII soils and land forms have limitations that nearly preclude their use for commercial crop production.

Soils Capability Subclasses. Subclasses are soil groups within one class; they are designated by adding a small letter e, w, s, or c to identify the most important sod limitation. Subclass e. The letter e indicates that the main limitation is the risk of erosion. Subclass w - The main limitation indicated is excess water in or on the soil due to poor soil drainage, wetness, a high water table, or overflow. Subclass s - The soil is limited mainly because it is shallow, droughty,

• r stony or has another soil problem in the rooting zone, such as a low

moisture-holding capacity, salinity, or alkalinity. Subclass c - The chief limitation is a climate that is too cold or too dry.

Capability Units. In some local areas, soil capability units are used to identify soils that have similar management requirements, similar risk, and similar productive capability. For example, two soils in subclass Ile may be classed IIe-I and IIe-2 to distinguish the degree

• f management needed to control the erosion problem.

A viewer must still take into consideration the evidence gathered during visual inspection including: the drainage patterns with the project area, the topography, land use, soil mapping inclusions, and other environmental issues.

Soils

DEM

Contours

Digital Elevation Model

Establishing Benefit Classification Before Drainage

• A … Frequently flooded or ponded with no

agricultural use.

• B … Seasonably flooded, usable for hay or

pasture ground

• C … Normally farmable but having high

watertable limitations

• D … Upland areas not requiring drainage but

having improved farmablity or contributing to needed capacity

“A Class”

(Ponded or frequently flooded)

Before Drainage After Drainage

“B Class”

(Seasonally flooded, pasture ground) Before Drainage After Drainage

“C Class”

(Wet sub soil, high watertable) Before Drainage After Drainage

“D Class”

(Upland Areas, greater slopes)

Before Drainage After Drainage

The importance of good drainage

Other Categories

• Roads (Interstates, Blacktop or Gravel)
• Building Sites
• Development, Changing use
• Trees (non-benefited)
• Permanent Wetlands
• Areas that have Never Been Farmed
• CRP, RIM, CREP, Conservation regulations
• DNR, U.S. Fish and Wildlife

Road Benefits

Non Benefited Acres

Determining Benefits and Damages Values:

After development of benefit classification and determination

• f acres within each benefit class the Viewers must establish

an estimated value for each class. This is normally done by first estimating a potential benefit value for lands that would receive the most benefit from a recommended capacity drainage system. Many elements are included in the analysis of benefit value. Final benefit value must consider access to the outlet, hydraulic capacity of drainage system, market values, and additional private costs.

Highest and Best Use Highest and best use is a basic premise of value. Like property value, highest and best use is not an absolute fact; it is an appraiser's opinion as to the best use of a property based on an analysis of prevailing market

• conditions. By identifying and interpreting the market forces that affect a

specific property in a local and regional context, the appraiser determines the property's highest and best use. Highest and best use focuses market analysis on the subject property and allows the appraiser to consider the property's optimum use in light of market conditions on a specific date. Highest and best use is defined as: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are: legal permissibility, physical possibility, financial feasibility, and maximum profitability.

Substitution – Maximum values The principle of substitution states that when several similar or commensurate commodities, goods, or services are available, the one with the lowest price attracts the greatest demand and widest distribution. This principle assumes rational, prudent market behavior with no undue cost due to delay. According to the principle of substitution, a buyer will not pay more for one property than for another that is equally desirable. Property values tend to be set by the cost of acquiring an equally desirable substitute property. The principle of substitution recognizes that buyers and sellers

• f real property have options, i.e., other properties are available for similar uses.

Although each real property is unique, an equivalent substitute can usually be

• found. The substitution of one property for another may be considered in terms of

use, structural design, or earnings. The cost of acquisition may be the cost to purchase a similar site and construct a building of equivalent utility, assuming no undue cost due to delay; this is the basis of the cost approach to value. On the

• ther hand, the cost of acquisition may be the price of acquiring an existing

property of equal utility, again assuming no undue cost due to delay; this is the basis of the sales comparison approach.

• Valuation Prior To Drainage
• Beginning land use, property value, and economic productivity have been determined with the

consideration that the benefited properties within the watershed currently do not have an adequate outlet for artificial drainage.

• "A" -- Standing water or cattails, wetland classification with a market value for agricultural

purposes of $0.00 per acre, economic productivity of $0.00.

• "B" -- Seasonally flooded/pasture ground. Pasture classification with a market value of

$1000.00 to $1500.00 per acre, economic productivity of $80.00 based on grazing days and/or hay values.

• "C" -- Wet subsoil -- Marginal crop land, low to medium crop land classification with a market

value of $4000.00 to $5000.00 per acre, annual economic productivity of $458.60 based upon average annual yield of 80 % of optimum with $295.82 production costs.

• "D" --Upland areas not needing artificial drainage but irregular in shape and intermixed with

wetter soils. Medium to high cropland classification with a market value of $3000.00 to $5500.00 per acre, annual economic productivity of $544.59 based upon average annual yield of 95 % of optimum with $295.82 production costs.

• Valuation with NRCS Guideline Drainage System
• Potential land use, property value, and economic productivity, after public and private

drainage have been installed and with the restrictive existing drainage system in a reasonable state of repair, using current crop rotation, income, and expense:

• "A" -- Seasonally ponded agricultural ground. Low cropland classification with a market value
• f range of $ 4000.00 to $5000.00 per acre, annual economic productivity of $515.93 based

upon average annual yield of 90 % of optimum with $295.82 production costs.

• "A-" Partially drained slough area with a highest and best use as hay or pasture and restricted

from additional drainage by governmental regulation.

• "B" -- Occasionally flooded agricultural ground. Medium cropland classification with a

market value range of $4500.00 to $5500.00 per acre, economic productivity of $544.59 based upon average annual yield of 95 % of optimum with $295.82 production costs.

• "C" -- Wet subsoil. Medium high cropland classification with a market value range of

$5500.00 to $6500.00 per acre, annual economic productivity of $573.25 based upon average annual yield of 100 % of optimum with $295.82 production costs.

• "D" --Upland areas not needing artificial drainage, but irregular in shape and intermixed with

wetter soils. Medium to high cropland classification with a market value range of $ 3500.00 to $6500.00 per acre, annual economic productivity of $573.25 based upon average annual yield

• f 100 % of optimum with $295.82 production costs.

Sales Comparison Approach Analysis As the purpose of the viewing process is to determine the benefits and damages for a drainage project, the viewers must determine the method of procuring credible results on a project wide basis. It is not practical to do a complete before and after valuation of each property affected by a project, so a mass appraisal approach is normally used. This viewing process generally has established 4 classes of benefit value based upon the predrained

• conditions. Normally they are determined as benefit classes A, B, C, and D.

To estimate a market value for each class of land, the viewer must determine the types of land that are to be included in each class. Under the sales comparison approach to value, analysis of each comparable sale must be completed with the same classifications. The difficulty in establishing a value for each class of benefit when looking at the comparable sales is that most of the sales have a variety of soil types and drainage needs. One method to evaluate each comparable sale is through the establishment of a land class ratio analysis.

Land Class Ratio Analysis When analyzing sales to derive a land adjustment, the viewer must remember that this "land adjustment" may encompass all characteristics of the land, including productivity topography, open land versus wooded land, and other characteristics. If the appraiser is working in an area where there is typically only one class of land, a productivity or land quality adjustment may adequately reflect the degree of comparability between the land component of a sale and the subject property. An accepted technique for estimating the contributory value of multiple land characteristics is land class ratio analysis.

Sales Comparison Land Value Ratio SALE NO DATE SALE PRICE ACRES $ / ACRE CLASS A $ / ACRE CLASS B $ / ACRE CLASS C $ / ACRE CLASS D $ / ACRE OTHER $ / ACRE TOTAL 1 Jan-12 $58,500.00 40 $1,462.50 39 $1,500.00 1 $58,500.00 2 Jul-12 $200,000.00 80 $2,500.00 2 58 $1,500.00 20 $6,000.00 $207,000.00 3 May-12 $5,000.00 10 $500.00 10 $500.00 $5,000.00 Sales 1, 2 and 3 are undrained properties 4 Mar-12 $380,000.00 40 $9,500.00 38 $10,000.00 2 $380,000.00 5 Nov-12 $375,000.00 40 $9,375.00 10 $7,500.00 30 $10,000.00 $375,000.00 6 Dec-12 $720,000.00 80 $9,000.00 5 $7,500.00 30 $10,000.00 45 $8,500.00 $720,000.00 7 Jul-12 $1,375,000.00 160 $8,593.75 10 $6,500.00 10 $7,500.00 30 $10,000.00 110 $8,500.00 $1,375,000.00 8 Jun-12 $875,000.00 120 $7,291.67 50 $8,000.00 70 $6,800.00 $876,000.00 9 Sep-12 $750,000.00 120 $6,250.00 20 $5,250.00 50 $7,000.00 50 $5,950.00 $752,500.00 10 Oct-12 $610,000.00 80 $7,625.00 5 $5,590.00 10 $6,450.00 35 $8,600.00 30 $7,310.00 $612,750.00 11 Jan-13 $725,000.00 80 $9,062.50 30 $7,800.00 20 $9,000.00 20 $12,000.00 7 $10,200.00 3 $725,400.00 12 Jul-12 $420,000.00 80 $5,250.00 25 $4,763.00 55 $5,500.00 $421,575.00

Utilizing these productive values, potential benefit values were determined for the system based upon a 25-year effective life with proper maintenance, private improvement cost depreciated over the same 25-year period, and an allowance of 4.0% return on the system investment. Adjustment was made to each land class based upon consideration of the change in hydraulic capacity and the subsequent increased productivity that the construction of the drainage system improvement

• provides. Benefit values were rounded off to an even percentage benefit increase for ease of

computation. Example: "B" Benefits per Acre Potential productivity Value $ 573.25 Adjustment for 95% economic efficiency $ 544.59 Production Cost

• 295.82

Beginning Productivity Value

• 80.00

Change in Productivity Value 168.77 Private Improvement ($900/25)

• 36.00

(Surface and /or tile) Annual Benefit Value $ 132.77 $86.79 x 25 years, discounted @ 4.0% = $2074.17 Rounded to $2070.00

OPTIMUM PRODUCTION INCOME

OPTIMUM COMMODITY POTENTIAL ROTATION CROP YIELD VALUE INCOME ADJUSTMENT CORN

210 3.25 682.50 50

BEANS

60 9.50 570.00 50

WHEAT

TOTAL

EXPENSES:

(CROP)

CORN BEANS WHEAT SEED 125 55 FERTILIZER 140 20 CHEMICALS 32 45 CROP INSURANCE 25 25 CROP DRYING 30 FUEL 30 24 REPAIRS 35 25 MISC. 10 5 CUSTOM HIRE 16 22 SUBTOTAL $443.00 $221.00 INTEREST 13.29 6.63 TOTAL $456.29 $227.63 ROTATION ADJUST 50 50 ADJUSTED TOTAL $228.15 $113.82 PRODUCTION EXPENSE

$341.96

ESTIMATED OPTIMUM INCOME BASED UPON WATERSHED CROP ROTATION $ $626.25 ESTIMATED OPTIMUM PRODUCTION DIRECT EXPENSE $ $341.96 NET INCOME OF "A" "B" C "D" PREPROJECT CONDITION % PRODUCTION 80 95 PRODUCTION COST 341.96 341.96 INCOME 60.00 159.04 252.98 COST OF PRIVATE "A" "B" "C" "D" IMPROVEMENT OR TILE TOTAL COST 900.00 900.00 900.00

• DEPR. VALUE

36.00 36.00 36.00 BENEFIT VALUE CALCULATION LAND CLASS "A" "B" C "D" % PRODUCTION 92 96 100 100 GROSS INCOME 576.15 601.20 626.25 626.25 PRODUCTION COST ( - ) 341.96 341.96 341.96 341.96 NET INCOME 234.19 259.24 284.29 284.29 PREVIOUS INCOME ( - ) 60.00 159.04 252.98 INCREASED INCOME 234.19 199.24 125.25 31.31 PVT IMPROVEMENT COST ( 36.00 36.00 36.00 NET ANNUAL INCREASE 198.19 163.24 89.25 31.31 CAPITALIZED FOR _25_YEARS @ _0.5_ % 4646.69 3827.27 2092.52 734.14

BENEFIT VALUE

$4,650.00 $3,830.00 $2,090.00 $730.00

RECONCILIATION

Class Acres Percentage A 40 0.020 B 194 0.097 C 1308 0.654 D 458 0.229 2000 1.000

VALUATION

Before After Average Weighted Average Weighted Benefit Weighted Class % Sale Value Value Sale Value Value Value Value

(6600-7000)

A 0.020 $0.00 $0.00 $6,800.00 $136.00 $5,250.00 $105.00

(1400-1800) (7000-7400)

B 0.097 $1,600.00 $155.20 $7,200.00 $698.40 $3,955.00 $383.64

(6400-6800) (8400-8800)

C 0.654 $6,600.00 $4,316.40 $8,600.00 $5,624.40 $1,965.00 $1,285.11

(7100-7500) (8100-8500)

D 0.229 $7,300.00 $1,671.70 $8,300.00 $1,900.70 $640.00 $146.56 $6,143.30 $8,359.50 $1,920.31 VALUE DIFFERENCE $2,216.20

Special consideration is given to areas where the ditch only provides an outlet adequate to convert the lands to pasture or hay land and are restricted from further individual improvements by regulatory restrictions. Consideration of benefits for commercial development, whether utilized for commercial agriculture, livestock confinement, or other commercial use, has been developed based upon the property’s individual use. Road benefits are determined with consideration of the reduced construction and maintenance costs that would be realized after construction of the drainage system improvement.

Benefits to public drainage systems as an outlet: Outlet benefits generally consider 2 measures of benefit to the receiving ditch. One is what the ditch does for the outlet of the contributing ditch and the

• ther is what the contributing ditch does to the

receiving ditch. Consideration must be given to the extent of ditch used. Benefits are generally only received by the ditch used as an outlet.

When a drainage system, as it currently exists, generally has adequate size and capacity to meet the NRCS recommended drainage capacities for agricultural drainage, potential benefits may already be received. If not, adjustment to the potential benefit value can made by the application a parcel’s proximity to the public ditch system and open ditch. The net benefit provided by the ditch system is determined by the potential benefit value being applied to the number

• f

acres determined to be in each class per tract, accumulating the sum of these benefit values, and then applying the effieciency rate adjustment.

When a drainage system does not have any NRCS recommended tile capacity, adjustment can be made to the benefit per class separate from the proximity to the outlet.

"A" "B" "C" "D"

$4,180.00 $2,990.00 $2,020.00 $570.00 60% 75% 85% 90% $2,508.00 $2,242.50 $1,717.00 $513.00 BENEFIT BENEFIT BENEFIT BENEFIT BENEFIT BENEFIT BENEFIT BENEFIT ACRES VALUE ACRES VALUE ACRES VALUE ACRES VALUE

6 13455.00 21 36057.00 4 2052.00 13 22321.00 1 513.00 4 8970.00 18 30906.00 2 1026.00 1 513.00 2 4485.00 9 15453.00 3 1539.00 2 3434.00 1 513.00 10 17170.00

Drainage System Efficiency Rate 70 % Tile Efficiency

Ditch w/tile Distance Primary Tile Total Improvement Distance from tile (40's) (40's) Proximity Efficiency Efficiency Efficiency 0.3 0.6 1 1.3 1.6 2 3 4 5 100 100 100 95 90 85 80 75 70 60 50 40 0.3 95 4 99 99 94 89 84 79 74 69 59 49 39 0.7 90 7 97 97 92 87 82 78 73 68 58 49 39 1.0 85 11 96 96 91 86 81 76 72 67 57 48 38 1.3 80 14 94 94 89 85 80 75 71 66 56 47 38 1.6 75 18 93 93 88 83 79 74 69 65 56 46 37 2.0 70 21 91 91 86 82 77 73 68 64 55 46 36 2.5 65 25 90 90 85 81 76 72 67 63 54 45 36 3.0 60 28 88 88 84 79 75 70 66 62 53 44 35 3.5 55 32 87 87 82 78 74 69 65 61 52 43 35 4.0 50 35 85 85 81 77 72 68 64 60 51 43 34 4.5 45 39 84 84 79 75 71 67 63 58 50 42 33 5.0 40 42 82 82 78 74 70 66 62 57 49 41 33 5.5 35 46 81 81 76 72 68 64 60 56 48 40 32 6.0 30 49 79 79 75 71 67 63 59 55 47 40 32 6.5 25 53 78 78 74 70 66 62 58 54 47 39 31 7.0 20 56 76 76 72 68 65 61 57 53 46 38 30 7.5 15 60 75 75 71 67 63 60 56 52 45 37 30 8.0 10 63 73 73 69 66 62 58 55 51 44 37 29

Redetermined Benefits

JUDICIAL DITCH NO. 9 REDETERMINATION OF BENEFITS SEPARABLE MAINTENANCE COST 3401234.00 IN POTENTIAL PROXIMITY NET MAINTENANCE DESCRIPTION SEC T-N R-W TRACT BENEFITS RATE BENEFITS COST

NENW 1 101 39 38.30 74610.00 75 56227.50 21116.61 SWNW 1 101 39 40.00 20835.00 73 15569.55 5847.25 SENW 1 101 39 40.00 66930.00 76 51451.80 19323.06 NENE 1 101 39 29.64 51370.00 69 35445.30 13311.72 NWNE 1 101 39 34.66 66630.00 69 49124.70 18449.10 SWNE 1 101 39 40.00 47510.00 74 35213.65 13224.72 SENE 1 101 39 33.50 43030.00 81 37486.80 14078.41 NWNE 1 101 39 5.32 2190.00 69 1511.10 567.50

Improvement Benefits

JUDICIAL DITCH NO. 9 IMPROVEMENT PROJECT COST 5111913.00 DETERMINATION OF BENEFITS SEPARABLE MAINTENANCE COST 3401234.00 IMPROVEMWENT COST 1710679.00 IN POTENTIAL EFFICIENCY NET IMPROVEMENT DESCRIPTION SEC T-N R-W TRACT BENEFITS RATE BENEFITS COST

NENW 1 101 39 38.30 74610.00 8 5968.80 4973.68 SWNW 1 101 39 40.00 20835.00 12 2500.20 2083.37 SENW 1 101 39 40.00 66930.00 13 8700.90 7250.29 NENE 1 101 39 29.64 51370.00 11 5650.70 4708.62 NWNE 1 101 39 34.66 66630.00 11 7329.30 6107.36 SWNE 1 101 39 40.00 47510.00 15 7126.50 5938.37 SENE 1 101 39 33.50 43030.00 13 5593.90 4661.29 NWNE 1 101 39 5.32 2190.00 11 240.90 200.74

Damages must been given for the easement acquisition for the area required to establish the one-rod seeding area adjacent to the channel required by Minnesota Statute No. 103E.021. The lands taken are considered as a permanent easement only and will be restricted from use for commodity crop production. The damage value is the difference between the current land value and the value of the same lands with the easement in place.

REDETERMINATION OF BENEFITS

» To update or replace the original determination of benefits

• 1900-1915
• Drainage to provide additional hay and pasture ground
• 1950’s
• Only low areas were assessed. Maybe roads, no building

sites or uplands

• Now
• Changed land use – Additional drained acres – pattern tile
• Many systems have never been redetermined

103E.021 DITCHES MUST BE PLANTED WITH PERENNIAL VEGETATION. Subdivision 1.Spoil banks must be spread and permanent vegetation established. In any proceeding to establish, construct, improve, or do any work affecting a public drainage system under any law that appoints viewers to assess benefits and damages, the authority having jurisdiction over the proceeding shall order spoil banks to be spread consistent with the plan and function of the drainage system. The authority shall order that permanent grass, other than a noxious weed, be planted on the ditch side slopes and that a permanent strip of perennial vegetation approved by the drainage authority be established on each side of the ditch.

(b) When damages are determined to acquire or otherwise provide compensation for buffer strips or alternative riparian water quality practices previously installed as required by section 103F.48, subdivision 3, the viewers and drainage authority shall consider the land use prior to buffer strip or alternative practice installation in determining the fair market value of the property under paragraph (a), clause (1).

The width of permanent perennial vegetation is the greater of the distance from the top edge of the constructed channel one rod (16 ½ feet) landward or to the crown of the leveled spoil bank. There are two exceptions - if the perennial vegetation is established through a redetermination of benefits and damages or voluntarily through the incremental implementation of vegetated buffer strips and side inlet controls under

• Minn. Stat. § 103E.021, subd. 6, then the width of the

permanent strip shall not exceed one rod (16 ½ feet) from the top edge of the constructed channel.

Questions

Viewing, Viewers, Benefits and Damages, and Redetermination of Benefits

How did we got to where we are today? Why do we care about benefits and damages? What we consider as Benefits and Damages in drainage proceedings? Redetermination of Benefits?

Historic Areal photos can provide information on pre-project conditions 1954 pre-improvement

2011 post improvement

(shaded in conservation program)

Engineering Assistance - Hydraulic Modeling: In channel and out of bank flow can be modeled to indicate the change in flow from the conditions that would have existed prior to the ditch system construction, those that exist without changes watershed land use and those that exist today. In a similar watershed where detailed modeling was completed, the following maps show the pre construction, as built and current conditions of surface flows.

Yellow is 2 year frequency, Green is 10 year

The modeling indicated that with native conditions in the upper watershed the flows for the 2 year and 10 year storms were contained in the as constructed channel. This map indicates the area of overtopping with current land use.

Yellow and green are original flow elevations, pink and light green are 2 and 10 year current condition respectively