In all counties in this State containing a city with a population of more than eighty-six thousand people according to the last official United States census the supervisor and the governing body may accept necessary rights of way, in writing, over and across private property for the purpose of constructing and maintaining drainage ditches to carry off surface water from roads and streets. Across rights of way so accepted drainage ditches shall be constructed and maintained by the county; provided, the direction of the natural course of the drainage water shall not be changed, and if any ditch is piped, the grantor of the right of way shall furnish the pipe. The property owner shall give the necessary right of way to the final disposition point of the surface water for which the right of way is given and the property owner shall agree to hold the county harmless for any damage to the property owner's land or real property or to the land or real property belonging to anyone else.
HISTORY: 1962 Code Section 33-814.1; 1957 (50) 169.