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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 ?
Investing in a drain basket will cost a lot less than calling out a plumber, and will stop a lot of food debris from going down the drain in your kitchen sink.
One of these is Cork City where 53% of the drinking water will still go down the drain after conservation measures are introduced.
With this method, the only way you'll know if you've unclogged the drain is to reassemble the trap and run water down the drain.
Sgt Dave Coxon poured between 60 and 70 bottles of drink seized from youngsters down the drain of the Framwellgate Moor section office.
It is a little known fact that pouring leftover fat, oil and grease down the drain is a major cause of sewer blockages in the county.
Another question that was raised was whether it was acceptable to dump waste ink down the drain.
Together this can potentially be a toxic mix, capable of causing extensive environmental damage, and, quite rightly, washing this down the drain contravenes UK regulations.
When it goes down the drain, it can produce organochlorines, which are suspected carcinogens as well as reproductive, neurological and immune-system toxins.
THE figures are almost unbelievable: the equivalent of 170 litres of top quality drinking water, per home, per day, seven days a week, day and night, down the drain - that's more than a quarter of North Wales' water supply.
In this case, the product was dropped vertically down the pipe, inflated like a balloon--or really an angioplasty--and set into place, workers sent small robots down the drain spouts to cut material out from the Y intersections, thus allowing rainwater to run from roof to ground without making a detour via the temple's ornate ceiling.
According to Jackie Schroeder, Range Kleen special accounts manager, the Fat Trapper is an environmentally friendly product that gives consumers a way to dispose of used cooking grease instead of pouring it down the drain or flushing it down the toilet.
Millions or billions of dollars go down the drain with a mind-set that allows for the willing suspension of disbelief--that somehow those commercials will promote sales of your products and services.

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