§ 1502. Municipal mosquito control; costs; assessment on property
benefited. 1. If a local board of health of a municipality shall (a)
determine, in its discretion, that, owing to the natural conditions
which are favorable to the breeding of mosquitoes and owing to the
benefits to be secured to the public by the suppression of such
conditions, some part or all of the expenses of suppressing or removing
a breeding place for mosquitoes should, in equity be borne by the owners
of the property which will be benefited by such suppression; or, (b)
deem it necessary, in order to suppress or remove any such breeding
place, that any swamp, bog, meadow or other low or wet lands within the
municipality over which said board has jurisdiction, shall be drained
and that it is necessary, in order thereto, that a ditch or ditches or
other channel for the free passage of water should be opened through
lands belonging to a person or persons other than the owners of the
lands whereon such breeding place shall be located, such local board of
health shall make application to the state water power and control
commission to construct and complete such channels and ditches for the
free passage of water, or to do such other act or thing as such local
board of health shall have determined to be necessary upon such lands in
order to suppress or remove such breeding place, and to apportion,
assess and collect the amount of the cost thereof from the owners of the
lands which will be benefited by the suppression and removal of such
breeding place.

2. The state water power and control commission shall proceed,
construct and complete such channel and ditches, or do such other act or
thing as may be necessary, and apportion, assess and collect the cost of
the same from the owners of the lands benefited by such suppression or
removal, in the manner provided for the drainage of any swamp, bog,
meadow or other low or wet land and the apportionment, assessment and
collection of the cost of such drainage, by the conservation law.

3. In any case where, under the provisions of this article the state
water power and control commission is to determine what property is
benefited and to what extent said property is benefited by the
suppression or removal of any such breeding place, such commission shall
not be restricted in their determination to property immediately
adjoining the premises whereon such breeding place is located; and, in
apportioning the benefit to any property, such commission may consider
any circumstances by reason whereon any property will be benefited by
the suppression and removal of such breeding place.

4. This article shall be construed with the provisions of the
conservation law. In case of conflict the provisions of this article
shall be substituted for the provisions of the conservation law, but
such parts of the provisions of the conservation law as are not
necessarily superseded shall apply.