Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-24
Supreme Court Holds superyis-
ors Can Not Assess Non-Af-
fected Lands For Drainage
NO TAX UNLESS BENEFITS
Supervisors of Buena Vista County
Upheld in Refusal to Order $4,000
Drainage Ditch and Assess Cost to
Many Thousands of Acres Not At
fected - Actual Benefits Only.
Special to Times-Republican.

|
Des Moines, Dec. pa decision of
1 interest in the counties of northern
! and western Iowa, where extensive
! drainage systems are being installed,
has been rendered by the Iowa SUI
preme court. Under the decision
boards of supervisors cannot assess
non affected land for the cost of
drainage district improvements. In
pursuance Of this decision the action
Of the Buena Vista county board In
| denying the petition to create district
No. in that county is sustained and
| the order Of Judge A. d. Bailie IN re-
versing the adverse resolution Of the
board is itself reversed
This involved proposition to in
clude all Of the land in certain wa
I! ter shed in the assessment Of the ex-
penses for constructing the drainage
improvement Its cost was estimated
at $4,000. It twould reclaim 5000
acres totally unproductive, make o.
900 acres now subject to overflow and
too wet for cultivation subject to use
and 5000 other acres would be bene-
fitted.
But it was proposed to include from
SO, 900 to $4,000 acres which would not
gain any benefit whatever in the dis
trict and subject them to assessment
for the cost Of the improvement.
The supervisors of Buena Vista
county refused to order the improve
ment on petition because the engineer
failed to report each tract benehtted
and how, so it could assess the benefits
to the land actually affected. The dis
trict court reversed that action. but
the supreme court sustains the super
visors. who appealed. Every owner OF
land in Iowa is interested in the ques-
ton. The court holds it was the en-
gineer's duty to report on each tract
and show how affected by the improve
ment.
There could have been but one pur-
pose in including much of this area
(the $4,000 to $4,000 non affected
acres). in the original petition" says
the court "and that was to compel
those owning well drained lands With
in the water shed to contribute to re-
claiming the wet and overf1oWed
slough lands of the petitioners.
Until such return in substance,
at least, has been made by the engin-
eer so that the board Of supervisors
has his Recommendation of what lands
shall be included in the drainage dis
trict it ought not to order the con-
struction Of the proposed improve
ment."
About the only office of petition for
establishment of a drainage district is
to point out the locality to be drained
in general way, and to Indicate
those who are to give security for cost
and expenses If the petition is rejected.
The engineer was the officer to de-
termine the affected lands within the
district He was in error to return all
in the water shed. The body to be de-
scribed in the petition is that subject
to overflow or too wet for cultivation,
and it is the duty Of the engineer to 10
cate the Improvement and the lands
affected. The test to be applied is
whether the tract Of particular own
er will be affected by the Improvement,
and to aid the board in the establish
ment of the district the engineer Is re-
quired to return such only and state
how, in what manner, the different
tracts will be affected.
This return of the engineer is the
basis of all subsequent proceedings"
says the court. "The allegations of, the
petitions may be, and usually are, par
tisan and not scientifically accurate.
The report Of the engineer rather than
the petition determine upon whom no.
tice shall be served"
Drainage commissioners cannot be
named until after the district has been
established. Without an adequate sur
vey they could not classify the tracts
of land
Supervisors are not presumed to be
men of science and unless the engineer
expert performs his duty there is no
assurance that the work will be prose-
cuted on scientific or economic lines.
All Interested have a right to know
from the engineer these things:
First-.Whether in his opinion the
improvement should be made.
Second-The character of such i'm.
Tovement
Third--The several tracts Of land
affected and how each will be affected.
Fourth-The probable cost of the
Improvement.
Fifth--Such other matters as he may
i or;o1