Section 15-1905. Drainage improvement districts  


Latest version.
  • 1.  Bodies  corporate  which shall consist of and be known as drainage
      improvement districts may be created as herein provided to carry out the
      purposes  of  title  19  of  this  article.  Such  drainage  improvement
      districts  are  declared  to  be  public  corporations  and  shall  have
      perpetual existence and the power to acquire, hold  or  sell  such  real
      estate  or  other  property  as  may be necessary, to sue or be sued, to
      incur contract liabilities, to exercise the right of eminent domain, and
      of assessment and taxation and to do all acts and  exercise  all  powers
      necessary  to  accomplish the purposes of title 19 of this article. Such
      powers shall be exercised by and  in  the  name  of  the  district.  The
      governing body of the district shall be the department.
        2.  The  debts,  liabilities  and  obligations  incurred by a drainage
      improvement  district  shall  in  no  event  be  construed   as   debts,
      liabilities  or  obligations  of  the State of New York, and neither the
      department, nor any member thereof in his individual capacity  shall  be
      liable  therefor.  All  drainage improvement districts heretofore formed
      under  the  provisions  of  this  chapter  or   its   predecessor,   the
      Conservation  Law,  are  hereby declared to be such bodies corporate and
      all the provisions of title 19 of this article shall  be  applicable  to
      such drainage improvement districts.
        3.  Drainage  improvement  districts  generally shall include all such
      portions of a natural drainage basin as should be treated as one project
      on the assumption that all lands in such basin needing drainage  are  to
      be  improved.  The  department  may  form a portion of such basin into a
      district, on the assumption that the district may later be  extended  to
      include the whole basin, but, in so far as may be possible, in that case
      the district formed shall be so laid out that all lands which eventually
      will  drain  into  or  be served by any part of the district works other
      than the main  drainage  channel,  shall  be  included  therein.  It  is
      intended  that  the  boundaries  of the district shall include all lands
      which would be  enhanced  in  value  by  the  construction  of  complete
      drainage  works  therefor  and that land, the value of which will not be
      enhanced, shall be excluded, but in order to simplify the boundaries  of
      the  district certain relatively small areas of land not so enhanced may
      be included on condition that they bear no  part  of  the  cost  of  any
      improvement work.