§ 15-1919 — Drainage enhancements

§ 15-1919. Drainage enhancements.\n 1. For the purpose of making apportionments of the cost of future\ndrainage construction, allowing credits for such construction already\ncompleted, determining the economic feasibility of a contemplated\nconstruction project and for other purposes, there shall be determined\nfor each parcel of land in a district what is called the drainage\nenhancement for such parcel.\n 2. Drainage enhancement is a special form of assessed valuation made\nfor the purposes of title 19 of this article and used only as such.\nSuch enhancement is determined solely on the basis of estimated land\nvalue without consideration of certain specified conditions and is not\ndependent on or made in connection with any specific drainage\nconstruction project, completed or proposed. The drainage enhancement of\nany parcel of land is the increase in the value of such parcel which, on\nthe basis of prices of land locally current at the time the\ndetermination is made, will occur as the result of improving that parcel\nby drainage works from its original undrained condition to the maximum\ncondition of drainage which is practical. It is the maximum benefit\nwhich can inure to an undrained parcel by drainage to the practical\nlimit, is the measure for the apportionment of the cost of such complete\ndrainage construction and, as among other parcels, is the relative\nmeasure of benefits resulting from the construction of works giving a\nless complete drainage. Such enhancement, once determined, will remain\nfixed until such time as a general change in local land values is\nexperienced.\n 3. The value of each parcel shall be determined (a) on the assumption\nthat no drainage work has ever been done in the district and (b) on the\nassumption that the land is drained to the maximum practical extent.\nThe difference is the drainage enhancement. In making these\ndeterminations it shall be assumed in both instances that the land is\ndevoted to the highest use for which it will be fitted by drainage\nregardless of the fact that it may have to be cleared or otherwise\nprepared for such use, unless it can be shown that drainage will affect\nthe cost of such clearing and preparation in which case due allowance\nshall be made therefor. If a parcel contains lands of different values\nit may be subdivided and the enhancement determined for each\nsubdivision.\n 4. The department may appoint persons as assessors to assist in the\ndetermination of such drainage enhancements.\n 5. These "drainage enhancements" are the same as the "benefits due to\ndrainage" specified in earlier forms of article VIII of the Conservation\nLaw, and "drainage enhancements" specified in article V of the\nConservation Law as it read on the date of the enactment of the present\nchapter, and any such "benefits" heretofore determined shall remain\nunchanged by this amendment, but shall, after this article takes effect,\nbe known and used as "enhancements."\n