Drain

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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 periodicals archive ?
The joker at the other end of the drainpipe had told Rourke he was an adulterer before and he'd gone red with rage.
The new technology is being used in the production of water drainpipes for Opel automobiles as a substitute for a rubber-based blow-molding process that Teklas previously used for Opel.
The fire caused a leak on the gas pipe, it melted the window, drainpipe and damaged the Sky dish.
God only knows why he chose my drainpipe to appear on, but I hope this won't mean floods of pilgrims flocking to my house after this," she added.
Llyen Peninsula councillor Anwen Davies says she has been inundated with complaints from residents about the underground drainpipe running through Rhydyclafdy but has been "pushed from pillar to post" by Welsh water bosses who told her it was not their problem.
If my ladder had been long enough, I could have got him down myself, but they were just too short, so it would have been dangerous to try and lift him, and I certainly wasn't going to shimmy up a drainpipe.
Skirmishes between the Serbs and the Bulgarians are on their final embers as a Swiss mercenary (played by Salazar) fighting with the Serbs scurries up a drainpipe into the bedroom of Raina Petkoff (Harahan), the well-heeled daughter of one Bulgarian major (Mark Bramhall) and fiancee of a second (Deakins).
The effluent from a tannery's drainpipe has the same health effects on drinking water anywhere in the world.
While peppy TV commercials show seniors spelunking or bungi jumping for their Geritol, my parents limit themselves to a little gardening, dozing, and talking about which of their contemporaries is going down the drainpipe.
The 28-year-old fell about 14ft while shinning up a drainpipe with the intention of scrambling through an open window after discovering he had locked himself out of his flat.
Heat from the wastewater leaving the system is used to warm incoming fresh water using a heat exchanger, which results in safe drainpipe water temperature and reduced energy costs.
Most people think that cholesterol clogs an artery the same way too much sludge clogs a drainpipe.