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Engineer's Report for requisition drain amended to award injuring liability to appellant for increased water flow.
The appellant appealed a decision of the Court of Revision and an Engineer's Report regarding the construction of a requisition drain intended to provide an outlet for a new subdivision.
The appellant argued the drain would increase water flow onto his property without providing any benefit, and that the estimated costs were too low.
The Tribunal found that the appellant was entitled to an allowance for injuring liability due to the increased rate of water flow.
The Tribunal also determined that the benefit to the appellant's land was over-stated and adjusted the assessment, ordering the subdivision developer to pay the costs assessed to the subdivision lands.
The Tribunal accepted the engineer's cost estimate and confirmed the project qualified as a requisition drain under the Drainage Act.
