May a property be benefited by a ditch system without a direct discharge or physical connection to the system? In re Appeal by the Art and DeWayne Nohl Family Partnership (Minn. App. C0-00-1296) (May 1, 2001) (unpublished). The landowner partnership and family members appealed a District Court judgment affirming a decision of the authority for Joint County Ditch No. 9, Swift, Stevens and Pope Counties, that their parcels are benefited by the ditch, even though the parcels sit high in the drainage area and do not drain to the ditch through any physical conveyance. The Court of Appeals ruled that a property may be benefited by a ditch system even if there is no physical connection to the system. It found that the landowners’ property improvements had increased the rate and volume of runoff, and that without the ditch, these changes would have damaged downstream property owners.
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