CHAPTER 913*
DRAINAGE

*Cited. 170 C. 387, 393.
History and purpose discussed; drainage of subdivision of plaintiff over land of defendants would be an unjustifiable invasion of property rights unless it could be sustained as exercise of right of eminent domain. It is possible for the act to operate constitutionally in one situation and unconstitutionally in another. 24 CS 328.

Table of Contents

Sec. 52-456. Drain across land of another.
Sec. 52-457. Damages.
Sec. 52-458. Reassessment of damages.
Sec. 52-459. Setting aside reassessment.
Sec. 52-460. Payment of costs.
Sec. 52-461. Obstruction to drainage.


Sec. 52-456. Drain across land of another. When the owner of land may wish to drain it, either by the necessary deepening or widening of a natural stream or by other means, and is unable to agree with the proprietors of adjacent lands as to the mode of draining it and the damages, he may make complaint to the superior court for the judicial district where such land is, for power to drain it across the lands of such adjoining proprietors; which complaint shall be served on them in the same manner as in the case of civil actions.
(1949 Rev., S. 6285; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted "judicial district" for "county".
Drain constructed under this statute must conduct water off the land on which it is discharged. 24 C. 170. Cited. 184 C. 575, 576.
Statute may be invoked against owners of land which is not contiguous with land sought to be drained. 25 CS 177.

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Sec. 52-457. Damages. Upon such complaint, the court may appoint three disinterested property owners of the town where such land is situated, to determine the best mode of draining it, and the damages which will thereby accrue to the adjoining proprietors. Such property owners shall report, in writing, their doings to said court, and all persons interested therein may appear and remonstrate against the acceptance of such report, for any irregularity or improper conduct. If such report is accepted, it shall be conclusive except as to the matter of damages and said court may order the draining of such land in accordance with the report.
(1949 Rev., S. 6286.)

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Sec. 52-458. Reassessment of damages. Upon motion of either party, the court shall appoint three other disinterested property owners of such town to reassess the damages, who shall report their doings in writing to the court.
(1949 Rev., S. 6287.)

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Sec. 52-459. Setting aside reassessment. The court may set such report aside if, upon exception taken, it appears that such property owners have acted improperly; otherwise their report shall be conclusive as to the assessment of damages. If the court sets aside the report of such property owners, it shall order three other disinterested property owners to reassess the damages.
(1949 Rev., S. 6288.)

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Sec. 52-460. Payment of costs. If such property owners do not increase the damages, the applicants for such reassessment shall pay the costs of the application. Otherwise, costs shall be taxed at the discretion of the court.
(1949 Rev., S. 6289, 6290.)

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Sec. 52-461. Obstruction to drainage. When any low lands have been drained by a ditch or current running thence in a natural course through the land of an adjoining proprietor and cannot advantageously be drained in any other course, and such drainage becomes obstructed, the owner of such low lands may give written notice to such adjoining owner to remove such obstruction so as to allow the water to pass off in its former accustomed manner. If such adjoining owner neglects to do so for thirty days after such notice, the owner of such low lands may call out two selectmen of the town wherein such lands lie, who shall view the same, having first given written notice to all parties interested of the time of their meeting for such purpose and, if they find the drainage of such low lands necessary and proper and that such drainage has become obstructed as aforesaid, they shall give written notice to such adjoining owner to remove such obstruction, in such manner as they may direct and upon such terms as to expense as may seem just. If such owner neglects to comply with such order to the acceptance of such selectmen for thirty days, such selectmen may perform the work so ordered or direct the owner of such low lands to do it to the acceptance of such selectmen, and the expense thereof as certified by such selectmen, including reasonable compensation for their services, shall be paid by such of the parties in interest and in such time as such selectmen may determine, to be recovered by any party entitled thereto by an action on this statute.
(1949 Rev., S. 6291.)
Cited. 170 C. 387, 389, 390−396.

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