§ 15-1983. Drainage of agricultural lands; procedure.\n 1. Any person or persons owning any swamp, bog, pond, meadow or other\nlow or wet agricultural lands within this state, or a drainage section\nassociation organized pursuant to sections 15-1973 to 15-1981, who or\nwhich shall desire to drain the same in order to increase their\nproductivity or otherwise render them more available for agricultural\npurposes and who shall deem it necessary, in order thereto, that a drain\nor drains, ditch or ditches, dike or dikes, seepage basin or basins for\nthe free passage or disposal of water should be constructed,\nreconstructed, enlarged, cleaned or maintained on lands belonging to\nothers, may acquire an easement or right to effect such purpose pursuant\nto the provisions of the eminent domain procedure law, or in lieu\nthereof, may present a petition duly verified to the department setting\nforth the following facts:\n a. The name and residence of the petitioner or petitioners.\n b. A map or description showing the approximate location and area of\nthe property which is to be drained.\n c. A map or description which will show the location of such drain,\nditches, dikes and basins and the area of the lands and properties to be\noccupied thereby.\n d. The names and places of residence of the owners of the property to\nbe so occupied; if an infant, the name and place of residence of the\nperson with whom he resides; if a person adjudged incompetent by reason\nof mental illness or other cause, the name and place of residence of his\ncommittee or trustee, if he has one, otherwise, the name and place of\nresidence of the person with whom he resides; if a conservatee, the name\nand place of residence of his conservator, if he has one, otherwise the\nname and place of residence of the person with whom he resides; if a\nnon-resident, having an agent or attorney residing in the state,\nauthorized to contract for the sale of the property, the name and place\nof residence of such agent or attorney. If the name or place of\nresidence of any owner cannot after diligent inquiry be ascertained, it\nmay be so stated with a specific statement of the extent of the inquiry\nwhich has been made.\n e. A statement that the petitioner has been unable to agree with the\nowner or owners of the property for the damages to be paid for such\noccupation.\n f. A statement that it is the intention of the petitioner, in good\nfaith, to complete such drains, ditches, dikes and basins, for which\npurpose the property is so occupied.\n g. A request that the department determine the necessity for such\ndrainage and for occupying such lands and property and ascertain the\ncompensation to be made to the owner or owners and that the petitioner\nbe permitted, upon making such compensation, to construct, reconstruct,\nenlarge or clean such watercourses or drains, ditches, dikes and basins,\nand maintain the same across the lands specified.\n 2. In addition, the petition shall be accompanied by an undertaking,\nsatisfactory to the department as to amount and sureties, that\napplicants will pay the expenses of the proceedings and determination as\nhereinafter provided.\n 3. A person who seeks to acquire an easement or right, to effect the\npurpose set forth in subdivision above, pursuant to the provisions of\nthe eminent domain procedure law, and who is unable to provide a\nspecific description of the property to be acquired and its location by\nmetes and bounds, with reasonable certainty, may prior to the\npresentation of a petition to a special term of the Supreme Court, apply\nfor an order permitting such person to enter upon the property sought to\nbe acquired, for the purpose of viewing, surveying, measuring and\notherwise examining such property, in order to describe such property in\nthe petition. Application for such an order shall be made to a special\nterm of the Supreme Court, held in the judicial district in which the\nproperty is located. The court sha
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