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This entry was published on 2014-09-22
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SECTION 15-1905
Drainage improvement districts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1905. Drainage improvement districts.

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.