Are Watershed Districts required to serve affected property owners with notice of an assessment for a ditch or drainage system under Minnesota Statutes - 103E.091 following final approval? In the Matter of the Construction of a Drainage System in Burnham Creek, 1996 WL 458149 (Minn. App.) On May 10, 1996, affected property owners appealed an assessment for the construction of a drainage system by the Red Lake Watershed District (RLWD). The RLWD moved to dismiss the case, arguing that under Minnesota Statutes § 103E.091 any appeals to assessments must be filed within 30 days of the assessment, which was ratified on December 28, 1995. The property owners argued that the thirty days for appeal did not run until the RLWD gave the affected property owners notice of the assessment, and that failure to provide such notice violated their due process rights. The court rejected these arguments. Pointing to the language of Minnesota Statutes § 103E.091, the court held that where the legislature failed to expressly require notice of an assessment, the courts would not imply one. The court also pointed out that the affected property owners were put on constructive notice (through the RLWD's recorded approval of the assessment) and actual notice (through the notices mailed pursuant under Minnesota Statues §§ 103E.261 and 103E.325, subd. 1, which require notice to all affected property owners prior to the first and last meetings to discuss proposed assessments). No further notice after final approval of the assessment is required.
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