§ 15-1905 — Drainage improvement districts

§ 15-1905. Drainage improvement districts.\n 1. Bodies corporate which shall consist of and be known as drainage\nimprovement districts may be created as herein provided to carry out the\npurposes of title 19 of this article. Such drainage improvement\ndistricts are declared to be public corporations and shall have\nperpetual existence and the power to acquire, hold or sell such real\nestate or other property as may be necessary, to sue or be sued, to\nincur contract liabilities, to exercise the right of eminent domain, and\nof assessment and taxation and to do all acts and exercise all powers\nnecessary to accomplish the purposes of title 19 of this article. Such\npowers shall be exercised by and in the name of the district. The\ngoverning body of the district shall be the department.\n 2. The debts, liabilities and obligations incurred by a drainage\nimprovement district shall in no event be construed as debts,\nliabilities or obligations of the State of New York, and neither the\ndepartment, nor any member thereof in his individual capacity shall be\nliable therefor. All drainage improvement districts heretofore formed\nunder the provisions of this chapter or its predecessor, the\nConservation Law, are hereby declared to be such bodies corporate and\nall the provisions of title 19 of this article shall be applicable to\nsuch drainage improvement districts.\n 3. Drainage improvement districts generally shall include all such\nportions of a natural drainage basin as should be treated as one project\non the assumption that all lands in such basin needing drainage are to\nbe improved. The department may form a portion of such basin into a\ndistrict, on the assumption that the district may later be extended to\ninclude the whole basin, but, in so far as may be possible, in that case\nthe district formed shall be so laid out that all lands which eventually\nwill drain into or be served by any part of the district works other\nthan the main drainage channel, shall be included therein. It is\nintended that the boundaries of the district shall include all lands\nwhich would be enhanced in value by the construction of complete\ndrainage works therefor and that land, the value of which will not be\nenhanced, shall be excluded, but in order to simplify the boundaries of\nthe district certain relatively small areas of land not so enhanced may\nbe included on condition that they bear no part of the cost of any\nimprovement work.\n