24-609. Topographical survey; classification and basis for assessment of benefits; maps and profile; engineer.
24-609
24-609. Topographical survey; classification and basis for assessmentof benefits; maps and profile; engineer.The board of supervisors of any drainage district organized as aforesaidshall from time to time cause topographical surveys to be made of the districtby an engineer licensed under the laws of this state. Such engineer shallmake a completetopographical survey of said district and submit the same to the boardof supervisors with maps and profiles of said survey and a full andcomplete plan of draining, reclaiming, and protecting the lands in thesaid district from the overflow of or damage by water, or floods; andalso the physical characteristics and location of any right-of-way,roadbed, bridge or bridges and other property or improvements in saiddistrict belonging to or under the control of any railroad company; andshall also report the location of any and all public highways, which maybe crossed by the right-of-way of any ditch, levee or other improvementplanned for said district.
The said engineer shall also make an estimate of the cost of theentire drainage works and improvements required in said district toprotect and reclaim said lands and property, showing the several itemsof the same. The said engineer shall go over and inspect and examine thelands in said district, the railroad rights-of-way, roadbeds, bridges,culverts, depot grounds, grades and all other railroad, telephone andtelegraph property in said district; and shall also inspect and examineall other improvements, streets, highways and bridges belonging to anycounty, municipal or other corporation and which may be affected by theproposed drainage and reclamation works and improvements, and shall alsoexamine the streams, watercourses, ditches, ponds, lakes and bayouswithin the district or which may be partly within and partly withoutsaid district. Such engineer shall assess, as hereinafter directed and according tothe rules hereinafter prescribed the amount of the benefits which willaccrue to each tract or parcel of land and corporate property abovenamed by virtue of the works and improvements of said drainage district.
Each tract or parcel of land, rights-of-way, and railroad bed,bridges, culverts and depot grounds within the district shall bear itsshare of the entire cost and expenses incurred by said district inmaking said works and improvements in proportion to the benefitsassessed whether such improvements be made on the tract or parcel ofland, rights-of-way, or railroad roadbed or not. The engineer, inestimating the benefits to lands, streets, highways, railroad property,rights-of-way, railroad roadbeds, not traversed by such works andimprovements, shall not consider what benefits will be derived by saidlands after other ditches, improvements, or drainage plan shall beconstructed, but only the benefits which will be derived by theconstruction of the aforesaid works and improvements as they afforddrainage or an outlet for drainage, or protection from overflow ordamage by water. No assessment shall be made of benefits to any landsupon any other principle than that of benefits derived, but allassessments shall be made upon the basis of benefits derived and securedby reason of the construction of said improvements and works affordingdrainage, for giving an outlet for drainage, protection from overflow,and damage from water. The benefits of public streets and highways,railroad property, rights-of-way and roadbed shall be assessed accordingto the increased efficiency and value added thereto by reason of and theprotection derived from the aforesaid drainage works and improvements.Said engineer shall also classify said lots, tracts, lands, and otherproperty according to the benefits that each may receive from saiddrainage improvement. The lots, tracts and lands receiving the greatestpercentage of benefits shall be classified at 100, those receiving aless percentage of benefits at such less number as its benefit maydetermine.
The property of public and private corporations may be classified ina list by themselves, each according to the relation its total benefitsbear to the total benefit in the district. The maps herein provided forshall be drawn upon a scale sufficiently large to represent all of themeanderings of the proposed improvements, and shall show the boundarylines of each lot, or tract of land, and each street, road, or railroadto be benefited thereby, the name of the owner of each lot, or tract ofland, as it then appeared on the deed records, the authority or companyhaving in charge or controlling each public or corporate street, road,or railroad, the distance in feet through each tract or parcel of land,the acreage thereof and such other matters as the surveyor or engineerdeems material. The profile shall show the surface, the grade lines,gradients, fixed and working sections and said report shall be filedwith the board of supervisors of said district within sixty (60) days aftermaking said survey unless such period of time is extended by the board,provided that in any drainage district in which atopographical survey has already been made the board may employ anengineer to do only such work as they may deem necessary.
History: L. 1911, ch. 168, § 9; L. 1911, H.J.R. No. 15, p. 277;R.S. 1923, 24-609; L. 1977, ch. 126, § 1; July 1.