N.Y. Environmental Conservation Law § 15-1905: Drainage improvement districts

§ 15-1905. Drainage improvement districts.

1. Bodies corporate which shall consist of and be known as drainage

improvement districts may be created as herein provided to carry out the

purposes of title 19 of this article. Such drainage improvement

districts are declared to be public corporations and shall have

perpetual existence and the power to acquire, hold or sell such real

estate or other property as may be necessary, to sue or be sued, to

incur contract liabilities, to exercise the right of eminent domain, and

of assessment and taxation and to do all acts and exercise all powers

necessary to accomplish the purposes of title 19 of this article. Such

powers shall be exercised by and in the name of the district. The

governing body of the district shall be the department.

2. The debts, liabilities and obligations incurred by a drainage

improvement district shall in no event be construed as debts,

liabilities or obligations of the State of New York, and neither the

department, nor any member thereof in his individual capacity shall be

liable therefor. All drainage improvement districts heretofore formed

under the provisions of this chapter or its predecessor, the

Conservation Law, are hereby declared to be such bodies corporate and

all the provisions of title 19 of this article shall be applicable to

such drainage improvement districts.

3. Drainage improvement districts generally shall include all such

portions of a natural drainage basin as should be treated as one project

on the assumption that all lands in such basin needing drainage are to

be improved. The department may form a portion of such basin into a

district, on the assumption that the district may later be extended to

include the whole basin, but, in so far as may be possible, in that case

the district formed shall be so laid out that all lands which eventually

will drain into or be served by any part of the district works other

than the main drainage channel, shall be included therein. It is

intended that the boundaries of the district shall include all lands

which would be enhanced in value by the construction of complete

drainage works therefor and that land, the value of which will not be

enhanced, shall be excluded, but in order to simplify the boundaries of

the district certain relatively small areas of land not so enhanced may

be included on condition that they bear no part of the cost of any

improvement work.