Section 15-1919. Drainage enhancements  


Latest version.
  • 1.  For  the  purpose  of  making apportionments of the cost of future
      drainage construction, allowing credits for  such  construction  already
      completed,  determining  the  economic  feasibility  of  a  contemplated
      construction project and for other purposes, there shall  be  determined
      for  each  parcel  of  land  in  a  district what is called the drainage
      enhancement for such parcel.
        2. Drainage enhancement is a special form of assessed  valuation  made
      for  the  purposes  of  title  19 of this article and used only as such.
      Such enhancement is determined solely on the  basis  of  estimated  land
      value  without  consideration of certain specified conditions and is not
      dependent  on  or  made  in  connection  with  any   specific   drainage
      construction project, completed or proposed. The drainage enhancement of
      any parcel of land is the increase in the value of such parcel which, on
      the   basis   of  prices  of  land  locally  current  at  the  time  the
      determination is made, will occur as the result of improving that parcel
      by drainage works from its original undrained condition to  the  maximum
      condition  of  drainage  which  is  practical. It is the maximum benefit
      which can inure to an undrained parcel  by  drainage  to  the  practical
      limit, is the measure for the apportionment of the cost of such complete
      drainage  construction  and,  as  among  other  parcels, is the relative
      measure of benefits resulting from the construction of  works  giving  a
      less  complete  drainage. Such enhancement, once determined, will remain
      fixed until such time as a  general  change  in  local  land  values  is
      experienced.
        3.  The value of each parcel shall be determined (a) on the assumption
      that no drainage work has ever been done in the district and (b) on  the
      assumption  that  the  land  is drained to the maximum practical extent.
      The  difference  is  the   drainage   enhancement.   In   making   these
      determinations  it  shall  be assumed in both instances that the land is
      devoted to the highest use for which  it  will  be  fitted  by  drainage
      regardless  of  the  fact  that  it  may have to be cleared or otherwise
      prepared for such use, unless it can be shown that drainage will  affect
      the  cost  of  such clearing and preparation in which case due allowance
      shall be made therefor. If a parcel contains lands of  different  values
      it   may   be   subdivided  and  the  enhancement  determined  for  each
      subdivision.
        4. The department may appoint persons as assessors to  assist  in  the
      determination of such drainage enhancements.
        5.  These "drainage enhancements" are the same as the "benefits due to
      drainage" specified in earlier forms of article VIII of the Conservation
      Law,  and  "drainage  enhancements"  specified  in  article  V  of   the
      Conservation  Law as it read on the date of the enactment of the present
      chapter, and any such  "benefits"  heretofore  determined  shall  remain
      unchanged by this amendment, but shall, after this article takes effect,
      be known and used as "enhancements."