166 STATE BOARD OF AGRICULTURE. 



The foundation of any drain proceeding is the petition. If this is 

 lacking in anj^ material point the whole proceeding is void. The peti- 

 tion must be signed by not less than ten free-holders in the township or 

 townships in which such land or lands to be drained thereby or 1o be 

 assessed therefor, may be situated. Five or more of the signers shall 

 be owners of land liable to be assessed for benefits for the drain. If 

 there are only three or less property owners liable to assessment for 

 benefits^ one or more of such owners of land so liable shall be necessary 

 on the petition. The petition must give a general description of the 

 beginning, route and terminus of the proposed drain. The petitioners 

 are jointly and severally liable for all costs and expenses, if the drain 

 commissioner determine that the drain is unnecessary, and the com- 

 missioner may return any application at once for additional signatures 

 if he deems the financial responsibility of the signers insufficient. 



On receiving a petition, the drain commissioner examines the pro- 

 posed drain. If in his opinion it is necessary and conducive to the pub- 

 lic health, convenience and welfare, he causes a survey to be made to 

 determine whether the drain is practicable and if found so, he makes 

 his first order of determination. In making this order of determination 

 he necessarily determines that the drain is a public benefit. 



The commissioner then procures the right of way from the land own- 

 ers by getting voluntary releases if he can. If your land is of small 

 value and you want the drain, give the release, if otherwise, refuse to 

 give it and the commissioner will take a somewhat complicated pro- 

 ceeding through the probate court to condemn your land. In this pro- 

 ceeding you inay have a jury, or not^ as you choose, and in this proceed- 

 ing you may contest the public necessity of the drain and if you can 

 convince the commissioners or the jury that it is of no public necessity, 

 the d''ain will not be constructed. 



If in this proceeding the drain is deemed a public necessity your 

 damage will be ascertained and paid to you. Remember that with the 

 release of right of way, you grant a sufficient width of ground on each 

 side of the center line for the deposit of the earth removed in con- 

 structing the drain. 



The next step of interest to you is the time of letting contracts. 

 The notice of drain letting shall be a ten days' notice served per- 

 sonally on all residents of the township, owning land liable to assess- 

 ment, also by posting in five public places of each township traversed 

 by the drain and by publishing at least twice in some weekly paper 

 of the county. This notice must contain a description of every parcel 

 of land to be assessed and it must also state that at the time and 

 place mentioned in the notice, the assessment of benefits and the lands 

 composing the district will be reviewed by the drain commissioner. 

 At this time the commissioner assesses to you the per cent of the 

 whole cost of the drain your parcel of land must bear. Pie may at this 

 time change and adjust these percentages to make them equitable 

 and he may even strike out some of the parcels of land receiving no 

 benefit but' he cannot add any parcel not included in his notice. This 

 day of review may be adjourned if found necessary. 



At this review, the commissioner also determines whether your assess- 

 ment shall be paid in one or more payments. If in more than one, 

 you pay one-half the first year and the balance in one, two or three 

 vears as the commissioner decides. 



