Q How may a municipality perform drainage work on a landowner’s private property without his or her permission?
A By following the procedures set forth in Section 21-19-11. This requires an independent motion by the governing authority or a petition signed by the majority of residents within 400 feet of the property in need of such drainage work. Such motion or petition must be supported by findings that the property in question is a “menace to the public health, safety and welfare of the community.” (Attorney General’s Opinion to Snowden dated June 25, 2010)