Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-04-21
DRAINAGE LEGISLATION.

S. F. 16 (by MISUNDERSTANDING for
the organization Of drainage districts by
petition to the board Of supervisors signed
by one or more parties interested. After
the petition has been filed, the board of
supervisors appoints an engineer to make
a survey and report. After the filing of
the report by the surveyor, II no claim
for damages has been filed, the district
Is at once organized If the supervisors
are of the opinion that the drainage
petitioned for will be conducive to the
public health, convenience. utility and
welfare. If claims for damages are filed,
three appraisers are appointed by the au-
ditor to assess the damages, notice haV-
ing been given to all parties to be affected
by the establishment OF the drainage dis
trict After the assessment of damages
has been made and reported to the super
visors they pass upon the claims and in
crease or diminish the same in accordance
with the facts, and from their finding an
appeal may be taken to the district court,
both from the order establishing the dis
trict and from the assessment of dam
ages. After the establishment of the dis
trict the supervisors appoint three COM
missioners to assess benefits and to report
the same. After the same are reported
the supervisors pass upon the same, in
creasing or diminishing the same, as may
appear Just and proper: and from their
finding an appeal may be taken to Che dis
trict court. The supervisors then let the
contract to do the work to the lowest re-
sponsible bidder, ample security having
been given. They also appoint an engineer
to take charge Of the work. who likewise
gives bond, under whose direction the
work is done. To pay for the Wort: bonds
may be negotiated or certificates may be
issued similar to what are known as paw
ing certificates. providing for lien upon
the property benefited. After these pro-
visions follow certain other provisions
which make the law applicable to two or
more counties. Boards Of supervisors of
! the several counties act jointly in the
! work requiring their joint action. Ade-
| quate provisions are then made for cross
| ing railroad rights of way and highways
! and also for making the townships pay
! for the benefits to the highways arising
from the draining of the water from the
! same. Provision Is also made for cases
where the parties, by agreement between
themselves. have completed part of the
! work. but afterward fail to agree as tC
the balance. Whereupon the board of su.
pervisors takes Jurisdiction and completes
the work agreeably to the pact between
the parties The law also provides fol
establishment of sub-districts within dis
tricts heretofore existing and does mo-
seek to repeal any existing law pertain
ing 10 drainage. out Is a new law, COIN
plete in itself and additional to other laws
1t also provides that the courts shall con
strue the law literally SO as to advanc,
the remedy. In the framing Of the law
regard was had to the constitutional pro
visions in Iowa and to the cases decide,
by the supreme court. with reference t
same, and it was confidently believed tina
the new law would not be vulnerable t
any constitutional objection.
The foregoing synopsis was prepared b.
member of the house from Webste
, county. who had much to do with tn
! drafting of the new drainage law.
II. F. $50 (by Misunderstanding coun
ty supervisors in counties where drainag
bitches or levees are maintained to es
, tablish and maintain pumping stations G
plants and to assess the cost of same
those who derive benefits therefrom.