N.Y. Environmental Conservation Law Section 15-1925
General apportionment of cost


1.

A general apportionment of the cost of the complete system of drainage shall be made as herein described. The total cost determined under the provisions of section 15-1923 shall be equitably apportioned on the various parcels of land in the district and on such public corporations as the department may find to be justly chargeable with a part of such cost in addition to what might be apportioned to them as owners of property in the district. Such charge on a public corporation shall be expressed as a percentage of the whole cost and only the remaining percentage of the cost shall be apportioned on the individual properties.

2.

The general theory of such apportionment shall be that any parcel using or served by any ditch or part of a ditch shall share in the cost of that ditch or part and that share shall be in proportion to the drainage enhancement of that parcel already determined as set forth in section 15-1919 as compared with the sum of such drainage enhancements of all the parcels using or served by the same ditch or part of a ditch, but such strict rule may be modified should it lead to inequitable results.

3.

The department may divide the whole drainage system into individual ditches and appropriate parts of ditches, estimate for each ditch or part the total cost thereof, determine the boundaries of the lands which would use or be served by that ditch or part, subdivide the previously determined drainage enhancement of each parcel which may be subdivided by such boundaries and apportion the total cost of each ditch or part of a ditch accordingly. Finally all amounts apportioned to any one parcel shall be added together and compared with the drainage enhancement of that parcel. Should the total cost apportioned to any parcel exceed the drainage enhancement of that parcel, the design of the drainage system or the boundaries of the district shall be changed in such manner that for no parcel shall the costs exceed the enhancements. The department may make a similar apportionment of the cost determined under the provisions of section 15-1923 for such drainage works heretofore done which in its opinion are useful and may be incorporated into the complete system of drainage.

Source: Section 15-1925 — General apportionment of cost, https://www.­nysenate.­gov/legislation/laws/ENV/15-1925 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

15‑1901
Purpose
15‑1903
General provisions and definitions
15‑1905
Drainage improvement districts
15‑1907
Drainage improvement associations
15‑1909
Entry upon lands, structures and waters
15‑1911
Petition for formation of district
15‑1913
Proceedings on petition
15‑1915
Proceedings for formation of district
15‑1917
Surveys and maps
15‑1919
Drainage enhancements
15‑1921
Proceedings on enhancements
15‑1923
Plans and estimates
15‑1925
General apportionment of cost
15‑1927
Proceedings on general apportionment of costs and final fixation of boundaries
15‑1929
Corrections and revisions of statements of enhancements
15‑1931
Procedure for authorization of construction
15‑1933
Construction
15‑1935
Contracts
15‑1937
Operation and maintenance
15‑1939
Special apportionment of cost
15‑1941
Major repairs of drainage works
15‑1943
Minor repairs in drainage districts
15‑1945
Minor repairs in existing drainage ditches
15‑1947
Unlawful interference with drainage works
15‑1949
Removal of beaver
15‑1951
Financing of improvements
15‑1953
Drainage improvement district fund
15‑1955
Proceedings for assessment and collection of cost
15‑1957
Drainage fund
15‑1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs
15‑1961
Drainage district with federal aid
15‑1963
Formation of district with federal aid
15‑1965
Construction project
15‑1967
Changes in project
15‑1969
Continuation of district
15‑1971
Transfer of property and discontinuance of district
15‑1973
Drainage section association
15‑1975
Drainage section association
15‑1977
Articles of association
15‑1979
First annual meeting
15‑1981
Powers of association
15‑1983
Drainage of agricultural lands

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 15-1925’s source at nysenate​.gov

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