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Ditch report on way to property owners
Published 07:35 a.m., May 7, 2009
An amended viewers’ report is expected to be mailed to property owners who benefit from Ditch No. 16 after the report was approved Tuesday.
The Otter Tail County Board unanimously approved the viewer’s report after a motion to approve it was made by Commissioner Roger Froemming and seconded by Commissioner John Lindquist.
The meeting was a continuation of a benefit redetermination hearing for Ditch 16, which began April 2.
Water flows along Ditch 16 from Bonnie Beach at Clitherall Lake northward into West Battle Lake.
About 10 people attended the continuation of a benefit redetermination hearing for the ditch, although no comments were made by audience members during the two opportunities given to speak.
County Auditor Wayne Stein said he expects to mail the report by Monday, at which time a 30 day period begins in which property owners have the opportunity to dispute the report finding.
If a property owner wishes to oppose the report, it can be appealed to the court system within 30 days, according to county Ditch Inspector Randy Wasvick. Although, Wasvick noted that the property owner will need to state a specific reason why they oppose the report. Following the 30-day limit, a Minnesota ditch law states comments can’t be heard on the report, Wasvick said.
Stein added that there is a limited number of property owners who will be able to appeal the report finding.
If someone appeals the finding, the court has 60 days to set a date for a hearing, Wasvick said. The judge also has a certain amount of days to decide in the appeal after he or she hears the appeal, Wasvick said.
Wasvick noted that an appeal has never been filed on a viewers’ report.
After the April 2 hearing, the viewers’ reviewed 39 properties that had been disputed by the property owner, Ditch Inspector Randy Wasvick said. Of those, no changes were made to 30 properties. Four parcels were added due to the viewers missing the property previously. Property owners of three parcels felt they were given a lower benefit and the result was an increase in the benefit. The benefit was lowered on two parcels due to the property owners believing it was too high.
Those property owners were notified that changes were made, according to Stein.
All costs associated with the ditch are being assessed back to the landowners who benefit, Stein said.
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