Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1872-06-21
Approved. April "a, 1872.
CHAPTER 22O.

AN ACT to provide for locating, cstab-
fishing, and constructing ditche, drains,
and water courses.
SECTION l. Be it enacted bc the Gen
eral Assembly Of the State of Iowa, That
the county supervisors of any county hav-
ing not less that ten thousand population
shall have power, at am regular session,
whenever, in their opinion the same is de-
manded by, or will be conducive to the
public health, convenience or welfare, to
causeto be established, located, and con-
structed as hereinafter provided, any ditch,
drain, or water course within such coun-
ty.
SER. 2. That before the county super
vis0rs of any county shall take any steps
toward locating or establishing any ditch,
drain, or water-cOurse, there shall be filed
with the county auditor petition from a
majority of resident persons owning land
adjacent to the line of such proposed
ditch, drain or water-course, setting forth
the necessity of the same, with descrip.
ton of its proposed starting point, route
and terminus, and shall at the same time
| file bond, with good and sufficient sure
ties, to the acceptance of the county au-
ditor, conditioned to pay all costs and ex-
penses incurred, in case the supervisors
shall refuse to grant the prayer of the
petition, and it shall be the duty of the
county auditor, Immediately thereafter,
to place correct copy Of said petition
in the hands Of the county surveyor,or 4
competent engineer, who shall thereupon,
taking with him the necessary assistance,
proceed to make an accurate survey of
the route of such proposed ditch, drain
or water-course, and on completion there
of, shall return plat, or plat and profile
of the same to said county auditor, and
shall also set forth in his return descrip-
ton of the proposed route, its available
ity and necessity, with description of
each separate tract Of land through which
the same is proposed to be located, how
It will be effected thereby. aud its situa-
ton and level as compared with that of
adjoining lands, together with such facts
as he may deem material. It shall be the
duty of the county auditor, Immediately
on said report being filed, to cause notice
In writing to be given TO the owner, or
one of the owners of each tract of land
along the route of such proposed ditch,
drain. or water-course, of the pendency
and prayer of said petition, and of the
session of the county supervisors at which
the same will be heard, which notice shall
be served ut least ten days prior to said
session, and an affidavit of service filed
with the county auditor, and in case such
owner is not resident of the county, or
should any party or parties in interest
die during the pehdency of said proceed
ing, such death shall not work an abate-
ment Of such proceeding, but the county
supervisors, on being notified thereof,
shall make such order as they may deem
proper for giving notice to the person or
persons succeeding to the right of such
deceased party or parties, and notice of
the tendency and prayer O isaid petition,
and the time IF bearing the same, shall
be given to such owner or persons, by
publication for two consecutive weeks in
some newspaper published and of general
circulation in said county.
SEC. 3. That any person or persons
claiming compensation for land appropri-
atcd for the purpose of constructing any
ditch, drain, or water. course under the
provisions of this act, shall make his, her,
or their application, in writing, therefor
to the county supervisors on or before the
third day OF the session at which the pc
tition has been set for hearing, and on
failure to make such application, shall be
deemed and held to have waived his, her,
or their right to such compensation.
SIG. 4. That said county supervisors,
at the session set for the hearing Of said
petition shall, if they find the requirement
Of the.; second section Of this act to have
been complied with, proceed to hear and
determine said petition, and it they deem
It necessary, shall view the premises, and
II they find such ditch, drain, or water
course to be necessary, and that the same
| is demanded by, or will be conducive to
the public health, convenience, or wei
fare, and on application shall have been
made for compensation, as provided in
the third section Of this act, they shall
proceed to locate and establish such ditch,
drain, or wster-colrse, On the route spec
ific,l In tho plat and return of said county
surveyor or engineer. But II any appli-
cation or applications for compensation,
as aforesaid, shall have been made, fur
ther proceedings by the county supervi.
sors sholl be adjourned till the next reg
ular session; aud tho county auditor shall
forthwith proceed to appoint appraisers
to assess and determine the damages and
compensation of such claimant, or claim
ants, who shall proceed in the same man.
ner as is now pr hereafter may 10 proyid-
ed by law for the assessments Of damages
in the opening of roads and highways;
and the Compensation 20 found and a.
aessae.i In favor of said claimant or claim
ants shall be paid ip the arst instance by
the parties benefited by such improve
ment, or secured to be paid upon such
terms and conditions y the county audi