(redirected from source)
Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Idioms, Encyclopedia, Wikipedia.


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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
aACoeThere are government policies which recommend or mandates use of open source, open API, open platforms within the government establishments.
He, not the unnamed source, is accountable to the reader.
Do you think that the market for the open source software is growing among the enterprise segment?
Ask your honey supplier if your honey is True Source Certified; let us know if it would like more information on the program.
Bar owners and employees are another great source of information.
Many users of IT reject the entire notion of open source, the authors say, but few of them realize that there is some open source technology in their computing environments.
Currently, EPA requires all sources to certify whether they are a major or area source by the first compliance date, then maintains a once-in, always-in policy for compliance monitoring.
With the boom in information technology, there has arisen the widespread practice of plagiarism and the use of essentially Internet sources for research assignments (Liles & Rozalski, 2004; Cheney, 2004).
Open source applications can also complement other software products your schools are using, including many of my favorite free resources listed in the sidebar.
As you can see, the formula must include the source workbook (SubsidiaryA), the source worksheet name (Budget) and the linked cell (D9).
Sources report a relatively sure and steady recovered fiber market heading into the late days of summer.