County approves partial abandonment of County Ditch 62 Branch 2 and 2A, assigns costs to petitioners

The Kandiyohi County drainage ditch authority on April 21 approved a petition to partially abandon a portion of County Ditch 62—all of Branch 2A and a segment of Branch 2—finding that the segments did not serve a substantial useful purpose to properties remaining in the system and did not provide substantial public benefit or utility.

Howard Pierce, who identified himself as representing HSP RDP (HSP Farms LP and RDP Farms LP), told the board the ditch is shallow and that the petitioners plan to replace the public drainage tile with private tile to make farming easier. Pierce said the work would be paid for by the petitioners and that it would not affect the adjoining Schick property.

County drainage inspector Austin Hillbrands submitted affidavits and evidence of notice, explained the area proposed for abandonment (near Section 34, south of the county road) and described existing tile on portions of the map. Attorney Kale Van Bruggen told the board the statutory standard for partial abandonment under Minnesota Statute 103E.806 requires answers to two threshold questions: whether the part to be abandoned serves a substantial useful purpose to any remaining property in the system, and whether the part is of substantial public benefit or utility. If both answers are no, the statute supports abandonment.

Van Bruggen walked the board through the two questions and polled commissioners individually; each answered “no.” The board then approved draft findings and a proposed order prepared by counsel. The order releases the county’s right‑of‑way for the abandoned portion and assigns the petitioners (HSP Farms and RDP Farms) responsibility for administrative and legal costs incurred by the drainage authority in conducting the proceedings.

The vote on the findings and proposed order was taken by roll call and recorded as five ayes, zero nays. After the order is finalized, the county’s responsibility for inspection and maintenance of the abandoned portion will formally end and the right‑of‑way will be released to the underlying landowner(s).

What happens next: the drainage authority’s draft findings and proposed order will be entered into the record; the board’s action ends the authority’s inspection and maintenance obligation for the abandoned portion and permits private tile replacement by the petitioners, subject to the terms of the order.