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drainage ditch access
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pat-michigan
Posted 11/12/2008 17:21 (#504661 - in reply to #504621)
Subject: Re: drainage ditch access


Thumb of Michigan
I'm not going to pretend to be an expert on your states drainage code. Or my state, either. Here's how the drains work here- a parcel of land is assessed a cost associated with the drain based on topography . If I'm in a drainage district I pay for the drainage that surface water may get to whether I tile into it or not. And that drain might be a ways from my field border. All the land that I farm is in a drainage district. Doesn't give me any legal access to tile directly to the drain I'm being assessed for, however.

Most of the right of way things related to tile were done way before my time. Many different ways to make it happen in your situation. If the neighbor is interested in using the main, one thing I've seen done is he would pay the difference in size of tile required if he's going to use it- ie if an 8" is all that's required for your field, but it'll require a 10" across his farm to accommodate both, he'd pay the difference between a 10 and an 8. Or, if its the only way to make it fly, you might have to pay the difference. If all he wants is payment for the easement, then I'd say that's a reasonable request. Here anyway. Also here, he'd have no legal right to tap into your main in the future if you bought an easement. An easement also gives you the ability to maintain your tile in the future anytime you want to, but obviously crop damages, etc have to be paid.
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