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i <br /> MEMORANDUM <br /> Mm :.- •• . TO: Bill Clapp <br /> •• . . <br /> FROM: Bruce Sandstrom 1 PMetro Regional Su. •r ,.• <br /> Southbridge Office Building 26, 1993 •'� <br /> 155 S.Wabasha Street DATE: <br /> Suite 104 ' <br /> St.Paul,MN 55107 <br /> (612)296-3767 RE: CONS ITUTIONALITY OF ASSIGNMENT OF $ <br /> ENEFITS <br /> Fax(612)297-5515 TO PROPERTY CONTRIBUTING WATER TO DRAINAGE <br /> SYSTEM <br /> Field Offices <br /> Northern Region: <br /> 39 m. LakeAvenue Minn Stat. § 103D.725 Subd. 2 (2) reads, in part: ", . . Benefited <br /> . Duluth,MN 55802 property must include: . . . (2) all property that is contributing water • <br /> (218)723-4752is furnished an improved drainage outlet and all property that <br /> Fax(218)723-4764 or contributes waters that are stored, handled, or controlled by the <br /> 3217 Bemidji Avenue N. <br /> Bemidji,MN 58601 pp p 'proposed project; . . ." (emphasis added). The addition of the word <br /> � � <br /> (218)765-4235 "or" to the statute occurred in the 1969 legislative session. <br /> Fax(218)755-4201 w". <br /> 217 S.7th Street In 1985, there was a district court case in Lyon County, decided by <br /> Suite 202 <br /> Brainerd, MN 58601.366(? Judge Walter H. Mann, in which the above-referenced provision in the <br /> (218)828-2383 watershed law (then cited as Minn. Stat. § 112.501.Subd. 2) was <br /> Fax(218)828-803e challenged and held unconstitutional. The case was not appealed as <br /> far as we know. We believe that the Court's conclusion that the <br /> Southern Region: •Highway 15 S. statute is unconstitutional as to the contributing waters concept <br /> Box 756 allowed by Minn. statute is overly broad, without giving any -4 <br /> New Ulm,MN 56073 consideration oto the particular method of assessment used,in that <br /> (507)359-sa7a of Fact, Conclusions of <br /> Fax(507)359-8018 instance. A copy of Judge Mann's Findings . <br /> 200 s.Broadway Law, and Order for Judgment is attached for your reference. <br /> 1Room 1a4 <br /> Rochester,MN 85904 <br /> (507)285-7458 Prior to that court case, the Office of the Attorney General had issued <br /> Box 267 at least two opinions which address that provision. We have copies of w <br /> 1400 E.Lyon Street the following opinions and copies are attached for your reference: <br /> Marshall,MN 58258 <br /> Fax(507)•808 5378388 1. August 28, 1978. The 1969 Legislature "indicated its intent to <br /> authorize assessments not only for direct benefits but also for <br /> Metro Region: contributions of waters which create the need for a proposed <br /> Southbridge Office Building improvement."155 S.Wabssha Street 4 <br /> Sults 104 no-. <br /> (6 )29 MN 55107 2. August 22, 1979. Discusses proper measure of benefits for <br /> Fax 12)2 7 5615 lands contributing waters and the potential for constitutional <br /> challenge. <br /> In addition, our records show that a request for an Attorney General's <br /> An Equal a <br /> Opportunity Employer <br /> Printed on recycled paper • W <br /> 177d 91 7'2 veL Zti9 :01 892t7PBZZT9 '011 Hmeid3S ZZ:LT t'6. 90 Ndf <br />