A person who is assessed for a ditch or drain that does not pass through or on the person’s land may open a ditch or install drain tile through the intervening land to connect to the main ditch and keep the ditch or drain tile open at the person’s expense and control. A person may not open a ditch or install drain tile through the land of another person without the consent of the owner of the land, unless the damages to the land accruing to the owner of the land are assessed by three owners of land appointed by the county commissioners or county council to assess the damages. A person seeking to open a ditch or install drain tile under this section shall: pay the costs of laying out and opening the ditch or drain; and pay all damages awarded to any person who is injured by the ditch or drain before making the ditch or drain.

If a drainage project established under this title crosses a public highway at the intersection of the highway with a natural watercourse or depression through which water flows during periods of high water, the county in which the bridge is located or the governmental unit required by law to maintain the highway that is intersected shall: pay the cost of an existing bridge, repairing or enlarging an existing bridge and culvert, or constructing a new bridge or culvert; and maintain the bridge or culvert described in item (1) of this subsection. If a drainage project established under this title crosses a public highway at a point where the highway does not intersect a natural watercourse or depression: the drainage association shall pay the cost of constructing a new bridge or culvert; and after construction, the county or other governmental unit required by law to maintain the highway that is intersected shall maintain the bridge and any culvert constructed.

If a drainage project established under this title crosses a railroad right–of–way at the intersection of the right–of–way with a natural watercourse or depression through which water flows at periods of high water, the railroad company shall: construct, build, and maintain any necessary new bridge or culvert; or enlarge, strengthen, reconstruct, or replace any existing bridge or culvert. The expense to the railroad under subsection (a) of this section shall be: considered an element of damage to the railroad company by the board of viewers; and shown as a damage in the report of the board of viewers.