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This entry was published on 2014-09-22
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SECTION 15-1977
Articles of association; recording and filing
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1977. Articles of association; recording and filing.

1. The articles of association shall be signed by all owners as listed
therein and shall be acknowledged in the form now or hereafter required
for the recording of a deed of real property. If there be more than one
owner of a separate parcel of drainable acreage, the articles of
association shall be signed and acknowledged by each owner thereof. The
articles of association shall set forth:

a. The name and address of each owner.

b. The name of the proposed association, such as
the.................Drainage Section Association.

c. The designation of two of the owners to act as temporary president
and temporary secretary until the first annual meeting of the

d. The location and amount of drainable acreage as determined and
owned by each owner and a brief description of the parcel or parcels if
there be more than one, of drainable acreage owned by each.

e. The facts showing the necessity for the proposed drainage.

f. A description of the proposed drainage works which as far as
practicable may include bearings and distances locating the proposed
alignment of drains, profiles, proposed new drains and a typical

g. The names and addresses, so far as can be ascertained, of persons
who are not parties to the articles of association regarding whose lands
it will be necessary to obtain a right, pursuant to section 15-1983, to
construct, maintain and keep in repair drainage works in order to
effectuate the drainage proposed by the articles of association.

h. A map, attached to the articles of association, which generally
shall show the drainable acreage of each owner and the lands of others
on which it will be necessary to construct, maintain and keep in repair
such drainage works referred to in paragraph g of this subdivision. The
map shall show generally also the type and location of the proposed
drainage works.

i. A mutual agreement by the owners to proceed with the project, to
construct it, to maintain it and keep it clean and in repair; to pay all
costs and expenses, including legal, engineering, filing and recording
fees, all debts of the association and any damages which may be assessed
for the acquisition of a right or easement to construct or maintain
drainage works upon the lands of a person not a party to the articles of
association. Such costs, expenses, fees, debts and damages shall be
assessed against each owner in the proportion the drainable acreage
owned by him bears to the aggregate drained acreage, or in some other
proportion mutually agreed upon and specified in the articles of
association. The agreement shall further provide that if any such
apportionment is not paid within the time prescribed by the by-laws, the
association may institute an action in its own name to recover the same.

j. The articles of association shall provide that they, and the
agreement set forth therein, shall be binding upon the heirs, devisees,
assignees and grantees of each owner and shall constitute covenants
running with the land of each.

2. The articles of association shall be filed and recorded in the
office of the county clerk of the county or counties in which the
drainage section is located, with a notice appended thereto to the
county clerk or clerks to enter the same in the index of grantors of
real property under the names of all signers of the articles of
association and the name of the association. The names of all such
signers shall be alphabetically and legibly listed in such notice. A
certified copy of the articles of association, as so filed and recorded,
forthwith shall be filed in the office of the department.