Drain


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Related to Drain: drain off, canal, surgical drain

Drain

A trench or ditch to convey water from wet land; a channel through which water may flow off. The word has no technical legal meaning. Any hollow space in the ground, natural or artificial, where water is collected and passes off, is a ditch or drain.

Also, sometimes, the Easement or servitude (acquired by grant or prescription) that consists of the right to drain water through another's land.

A number of states have drainage statutes in order to protect the welfare of the public. Such statutes provide for the construction of drains in areas that are swampy, marshy, or overflowed past their natural boundaries. Also contained in drainage statutes are provisions that regulate the creation and organization of drainage districts. The state legislature has the discretion to decide which lands will be included within a particular drainage district. For example, such a district might include territory of a city or village or property in two or more counties.

The specific plan for the construction of a drain is within the discretion of local authorities as modified by limitations or restrictions set forth by state drainage statutes. Only land that will be benefited through drainage improvements should properly be included within a drainage district.

In certain instances, liability has been extended to drainage districts that have failed to maintain existing drains. In order to remedy this situation, in some cases, landowners are given a certain portion of a drain to clean out and maintain in proper repair. Regardless of whether or not a landowner is specifically given the responsibility for maintenance, a landowner may only close or obstruct a drain with his or her neighbors' consent. If the land of an individual is injured because a public drain is being obstructed by a neighbor, then the person can bring suit for the damage resulting therefrom.

Subject to limitations imposed by the U.S. Constitution, a state legislature has the power to authorize drainage districts to prescribe special assessments to cover the cost of drainage improvements. Generally, only those lands included within a particular district are subject to such assessment. In certain states, school lands are exempted from assessments that drainage districts levy. Assessment review boards frequently entertain objections to drainage assessments; however, if no such board exists, assessments are subject to judicial reviews in the courts. A property owner can, therefore, go to court to challenge what he or she believes to be an unjust drainage assessment against his or her land.

See: consume, decrease, decrement, deplete, diminish, dissipate, eliminate, exhaust, expense, exude, outflow, outpour, remove, sacrifice, spend, tax

DRAIN. Conveying the water from one place to another, for the purpose of drying the former
     2. The right of draining water through another map's land. This is an easement or servitude acquired by grant or prescription. Vide 3 Kent, Com. 436 7 Mann. & Gr. 354; Jus aguaeductus; Rain water; Stillicidium.

References in classic literature ?
I then gave him some more; three times did I fill the bowl for him, and three times did he drain it without thought or heed; then, when I saw that the wine had got into his head, I said to him as plausibly as I could: 'Cyclops, you ask my name and I will tell it you; give me, therefore, the present you promised me; my name is Noman; this is what my father and mother and my friends have always called me.
The captain was convinced, however, that the stream was too insignificant to drain so wide a valley and the adjacent mountains: he encamped, therefore, at an early hour, on its borders, that he might take the whole of the next day to reach the main river; which he presumed to flow between him and the distant range of western hills.
But there is always a stronger sense of life when the sun is brilliant after rain; and now he is pouring down his beams, and making sparkles among the wet straw, and lighting up every patch of vivid green moss on the red tiles of the cow-shed, and turning even the muddy water that is hurrying along the channel to the drain into a mirror for the yellow-billed ducks, who are seizing the opportunity of getting a drink with as much body in it as possible.
If any girl had rebelled, she would no longer have taken her rebellion to heart; she possessed a source of comfort they could not drain, a pillar of support they could not overthrow: formerly, when insulted, she wept; now, she smiled.
There is a way to drain it off, after it has grained, by putting clay into the pans; bitt it isn’t always practised; some doos and some doosn’t.
A short time, however, spent in revelry, would be sufficient to drain his purse and sate him with civilized life, and he would return with new relish to the unshackled freedom of the forest.
It would make a great difference in the drainage, but a new plowman might think this finickiness and just go ahead and plow all of it north and south, or all of it east and west and this would result in a lower yield--some parts of the field would get soggy and the wheat might get a rust, and other parts drain too readily, letting the ground become parched and break into cakes, all of which might be prevented.
But, however that may be, I should expect to find the surface of the plateau slope inwards with a considerable sheet of water in the center, which may drain off, by some subterranean channel, into the marshes of the Jaracaca Swamp.
He paused a moment to drain the greater part of his dark lager at a draught, and then resumed:
You can crawl through the drain into the kitchen and then into the pantry, and there you will find cakes, ham, beef, cold chicken, roast pig, apple-dumplings, and everything that your heart can wish.
But if you desire to drain to the dregs the fullest cup of scorn and hatred that a fellow human creature can pour out for you, let a young mother hear you call dear baby "it.
He had foreseen an immediate demand for money, but not a permanent drain on his scant resources.