Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1904-02-05
DRAINAGE BILL ,INTRopucen
Residents Of Western Counties Have
Demanded 1t.

Residents Of Western Counties Have
Demanded II.
Des Moines, Feb. 4,--ren thousand
words constitute the drainage bill
which was introduced in both houses
OF the legislature yesterday upon the
demand OF the residents of Monona,
Woodbury., Harrison and Pottawat-
tamie counties, which also embodieA
general provisions intended to be ads
quate to the needs of the entire stat..
as well as to the special needs OF the
counties effected by the big ditch that
Is intended to reclaim the lands along
the east bank of the Missouri which
are subject to flood every time the
Big Sioux goes on rampage.
The bill requires that any county
auditor, Immediately upon the filing OF
a petition by one OF more persons
whose property ahuts the proposed
ditch. requesting such action, shall
designate a competent engineer to
investigate the proposed ditch, make
surveys and otherwise inquire into
its feasibility, desirability and cost
and report to the board Of supervis-
ors. The petitioners shall first have
fled a bond to cover the cost Of such
Investigation to be paid by them only
+ In case the improvement is turned
down by the supervisors. Should the
supervisors agree that the improve.
ment is needed the county will meet
ali expenses. Before the meeting OF
the supervisors, however, The auditor
shall cause notices to be served upon
all property owners in the effected
district and those so effected may ap-
pear before the supervisors at the
designated time and offer any protest
they may have. 1t shall also be their
duty to assert any claim for dam
ages that they may have and failure to
do so. will result in forfeiture Of right
to damages. When they file such
claim the auditor shall appoint three
appraisers to af1x the amount OF
damages. This award shall be final
except upon appeal to the district
court from which time the case will
go through the same legal channels
as other civil suits. After having de.
cided that the improvement is neces
sary to the public health or conven-
fence, 1t shall be the duty OF the
boa-d of supervisors, according to the
provisions of this BILL to divide the
ditch into sections, if 1t be long one
and advertise for bids on each Sec
ton. Repairs shall be advertised for
in the same manner from time to
time.
The cost Of the ditch in each dis
trict shall be assessed according to the
benefits, just as is the cost Of paving
assessed in cities except that in this
case persons whose property does not
abut the improvement may be assess
ed The assessment shall DO dis
tribute according to the proximity OF
the property effected, those AUDITING
the ditch paying on Hooper cent
basis and those more remote shall be
assessed smaller per cent.
The bill provides that the construc-
ton Of any ditch or levee that de-
tracts in any way from the usefulness
OF such improvement shall be deemed
a nuisance and abated accordingly.
The service OF notice in cases where
persons affected by the proposed
drain do not reside in the county SO
that personal service may be obtained,
may be by publication In newspc.
pers in the usual manner.
The measure was drafted by B. A.
Sawyer, an attorney of Sioux City.
Representative Whiting has been very
active in promoting it as has also
Senator Hogue, but each has sought
to have some one else introduce the
bill so as to be assured OF just that
much additional support.