Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 15-1919
Drainage enhancements
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1919. Drainage enhancements.

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

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

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."