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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 ?
Graham leapt into action when Anne-Marie Jones dropped her keys down the drain in Blackley, Manchester.
By helping you to analyze, monitor, and manage your water/sewer costs, it can help you to stop pouring some of your cash flow down the drain.
The waterless units look like traditional urinals but use a filter cartridge filled with an oily liquid that floats on top of urine, sealing in odors, while the urine flows down the drain.
A lot of mom-and-pop stores went down the drain, including me.
This approved schedule from the PUC is consistent with what we have been saying since 2003 - that this will be a long process with no certainty of the outcome and millions of taxpayer dollars down the drain," said Correll.
CLOTHES, false teeth and cassettes are going down the drain - according to a survey about the things blocking Scotland's pipes.
Please do not allow psychotherapists to be washed down the drain, as your children and your children's children could really benefit by what we have to offer.
Not knowing the condition of your vehicle's tires is equal to pouring money down the drain," said Steve Mazor, the Auto Club's principal automotive engineer.
That makes as much sense as the money the DWP threw down the drain on quiet leaf blowers.
Being unaware of the condition of your vehicle's tires is dangerous and like pouring money down the drain," said Steve Mazor, the Auto Club's principal automotive engineer.
When your son calls and is so upset, so shaken because all of that work has gone down the drain .

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