Stearns County Ditch 28 (CD28) - Redetermination
This page provides information to property owners related to the Redetermination of Benefits and Damages proceeding.
August 31, 2022
Per Minnesota Statutes 103E, the Drainage Viewers appointed by the drainage authority have signed Viewers Oaths which kicks off the Redetermination of Benefits proceeding. Copies of the viewer oaths can be viewed using the links below:
Allen Wick Oath (coming soon)
Ron Ringquist Oath (coming soon)
July 19, 2022
On July 19, 2022 the Stearns County Board of Commissioners, acting as the Drainage Authority for County Ditch 28, appointed the Joe Jacobs viewing team to perform the redetermination of the drainage system. This appointment was in accordance with Minnesota State law. The project timeline will be about 18 months and there will be multiple opportunities for property owners to review the viewer's findings and ask questions about how their individual property may be affected.
The Findings and Order Document can be found here: Findings and Order
March 24, 2022
On March 22, 2022, the Stearns County Board of Commissioners, acting as the Drainage Authority for County Ditch 28, accepted the property owner petition for redetermination of benefits and damages and directed staff to seek ditch viewers. This step was in accordance with Minnesota State law. Stearns County staff will seek a team of ditch viewers and return to County Board to formally appoint the viewers and begin the redetermination of benefits and damages proceeding as defined in MN 103E.351.
Please continue to monitor this webpage for future information related to redetermination of benefits and damages.
March 16, 2022
The agenda for the March 22, 2022 Board of Commissioners meeting is expected to be available online Friday March 18. At this meeting, staff will present the property owner petition for redetermination of benefits and damages to the County Commissioners acting as the Drainage Authority for County Ditch 28. The agenda item will also include the petition documents received by Stearns County. The March 22 Board meeting will not be a public meeting. You are welcome to attend the meeting in person or view online, but there will not be public input taken regarding redetermination because Stearns County has no discretion in the matter. The presentation related to the property owner petition will be to request that the Drainage Authority accept the property owner presentation and direct staff to seek qualified ditch viewers in accordance with Minnesota law.
Board of Commissioners 3/22/2022 Meeting Agenda
A petition for redetermining benefits and damages associated with CD 28 was received by the Stearns County Auditor on January 7, 2022. As defined in Minnesota Statutes Chapter 103E, a valid property owner petition must be considered by the Drainage Authority. These laws also obligate the Drainage Authority to facilitate a redetermination of benefits and damages based on specific findings regarding whether the current benefits and damages of record reflect reasonable present-day land values or whether benefited or damaged areas have changed.
The CD 28 Property Owner Presentation on Redetermination is a great place to start if you have questions about the petition being discussed.
CD28 Property Owner Presentation Video
CD28 Property Owner Presentation Slides
This notice of service includes correspondence, the property owner petition, and supporting documents submitted to the Stearns County Auditor.
Stearns County staff and legal counsel reviewed the petition information to validate that it meets the requirements defined in Minnesota Statutes, section 103E.351. The petition was deemed valid by County staff based on the petitioner’s owning 26 percent of the property that is benefited or damaged by CD 28.
This summary provides an explanation of the validation process Stearns County performed.
A notification letter regarding the Drainage Authority’s meeting to consider the petition was mailed to all property owners within the watershed for the region surrounding Two Rivers Lake. Such a large geographic area was chosen for notification because of the importance placed on contacting anyone who MAY be affected as part of the redetermination process. Once appointed, the viewers will determine which properties in the watershed of CD 28 are benefited and damages, and the viewers’ report will become the basis for notifying property owners about information and public hearing meetings regarding the redetermination of benefits and damages proceeding. Receiving or not receiving notification about the petition at this time does not mean a property owner will or will not be impacted by a redetermination. The mailing area was an educated estimate as to who could potentially be affected while minimizing the possibility that a property owner would not be notified about the petition.
If you would like to submit a question and your contact information, use the link below and a member of the drainage team will follow up with you.