Determination of special benefits - factors considered.

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(1) The term "benefit", for the purposes of assessing a particular property within a drainage system improvement district, includes, but is not limited to, the following:

  1. Any increase in the market value of the property;

  2. The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable;

  3. Any adaptability of property to a superior or more profitable use;

  4. Any alleviation of health and sanitation hazards accruing to particular property oraccruing to public property in the improvement district, if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;

  5. Any reduction in the maintenance costs of particular property or of public property inthe improvement district, if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;

  6. Any increase in convenience or reduction in inconvenience accruing to particularproperty owners, including the facilitation of access to and travel over streets, roads, and highways;

  7. Recreational improvements accruing to particular property owners as a direct resultof drainage improvement.

Source: L. 75: Entire section added, p. 998, § 5, effective July 1.


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