May a landowner challenge the benefits and damages assessment of another landowner, even if he is not challenging his own? In re. Petition for Improvement of County Ditch 86, Branch 1, County of Blue Earth, Minnesota, 625 N.W.2d 813 (Minn. 2001). Under the drainage statutes, landowners benefited by a ditch system are given broad rights to participate in drainage proceedings and to challenge ditch authority decisions for a variety of reasons. A decision to proceed with an improvement and a decision concerning the benefits and damages of others each may affect the assessment against any benefited landowner for both project cost and future maintenance. Accordingly, under Minnesota Statutes §103E.091, a benefited landowner may challenge the benefits or damages assessed to any other benefited landowner, whether or not he is challenging his own as well. Full text of ruling
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