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IA Code § 468.201 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.201 - Plan of improvement.

468.201 Plan of improvement.   1. Whenever the government of the United States acting through its proper agencies or instrumentalities will undertake the original construction of improvements or the repair or alteration of existing improvements which will accomplish the purposes for which the district was established or aid in the accomplishment thereof and shall cause to be filed in the office of the auditor of the county in which said district is located a plan of such improvement or for the repair or alteration of existing improvements, the board shall have jurisdiction, power and authority, upon the notice, hearing and determination hereinafter provided, to adopt such plan of improvement or of repair or alteration of existing improvements and to provide necessary right-of-way therefor; and to pay such portion of all costs and damages incident to the adoption of such plan, the construction thereunder and the maintenance and operation of the works as will not be discharged by the federal government under legislation existing at the time of adoption; also to enter into such agreements with the United States government as may be necessary to meet federal requirements including the taking over, repair and maintenance of the works and to perform under such agreements.   2. If the cost to the district of the repair or alteration of existing improvements contemplated by this section does not exceed twenty-five percent of the sum of the original cost to the district and the cost of subsequent improvements, including all federal contributions, the board may proceed under the provisions of section 468.126, without notice and hearing, and without appraisement as contemplated by section 468.210, but the remaining provisions of this section and sections 468.202 through 468.216 that are not in conflict with section 468.126 shall remain applicable.   3. If the federal program divides a project into separate phases, each phase shall be considered a separate program as described in section 468.126, subsection 4, and shall in no event be construed as an unauthorized division into separate programs to avoid the twenty-five percent limitation prescribed for making improvements under said section 468.126, subsection 4, without notice and hearing.  [C50, 54, 58, 62, 66, §455.201; C71, 73, 75, 77, 79, 81, §455.202]  89 Acts, ch 126, §2  CS89, §468.201  2011 Acts, ch 25, §123  Referred to in §468.38, 468.62, 468.184, 468.202, 468.203, 468.212
IA Code § 468.202 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.202 - Agreement in advance.

468.202 Agreement in advance.   The agreement with the federal government contemplated in section 468.201 may be entered into by the board in advance of the filing of the plan, such agreement to be effective if the plan is finally adopted. If the plan is approved the board shall make a record of any such cooperative agreement.  [C50, 54, 58, 62, 66, §455.202; C71, 73, 75, 77, 79, 81, §455.203]  89 Acts, ch 126, §2  CS89, §468.202  2013 Acts, ch 30, §110  Referred to in §468.38, 468.184, 468.201
IA Code § 468.203 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.203 - Engineer appointed.

468.203 Engineer appointed.   After the filing of the plan contemplated in section 468.201 the board shall, at its first session thereafter, regular, special or adjourned, appoint a disinterested and competent civil or drainage engineer who shall give bond in an amount to be fixed by the board conditioned for the faithful and competent performance of the engineer’s duties.  [C50, 54, 58, 62, 66, §455.203; C71, 73, 75, 77, 79, 81, §455.204]  89 Acts, ch 126, §2  CS89, §468.203  Referred to in §468.38, 468.184, 468.201
IA Code § 468.204 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.204 - Engineer’s report.

468.204 Engineer’s report.   The engineer shall examine the plan filed by the federal agency and the lands affected thereby and shall make and file with the county auditor a full written report which, together with the federal plan, will show the following:   1. The character and location of all contemplated improvements, and the plats, profiles and specifications thereof.   2. The particular description and acreage of land required from each forty-acre tract or fraction thereof for right-of-way, borrow pits or other purposes together with congressional or other description of each tract and the names of the owners thereof as shown by the transfer books in the office of the auditor.   3. A particular description of each forty-acre tract or fraction thereof that will be excluded from benefit by adoption of the plan as filed, together with the name of the owners thereof as shown by the transfer books in the office of the auditor.   4. A particular description of each forty-acre tract or fraction thereof outside the district which will benefit from adoption of the plan as filed and the name of the owner thereof as shown by the transfer books in the office of the auditor.   5. Such rights-of-way or portions thereof previously established or acquired as will be rendered unnecessary by adoption of the federal plan and any unpaid damages awarded therefor.   6. Such other damages previously awarded as will be affected by adoption of the federal plan.   7. The recommendation of the engineer with respect to the adoption of the plan.  [C50, 54, 58, 62, 66, §455.204; C71, 73, 75, 77, 79, 81, §455.205]  89 Acts, ch 126, §2  CS89, §468.204  Referred to in §468.38, 468.184, 468.201
IA Code § 468.205 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.205 - Supplemental reports.

468.205 Supplemental reports.   Upon the filing of such report the board shall examine and consider the same together with the plan and the commitments involved in its adoption and may require supplemental reports of the engineer or of another disinterested engineer with such data as they may deem necessary or desirable including recommendations for any change or modification, negotiate with the federal agency involved and amend the plan in such manner as may be mutually agreed upon. The engineer shall make such supplemental reports as may be required by the board or necessitated by amendment of plan.  [C50, 54, 58, 62, 66, §455.205; C71, 73, 75, 77, 79, 81, §455.206]  89 Acts, ch 126, §2  CS89, §468.205  Referred to in §468.38, 468.62, 468.184, 468.201
IA Code § 468.206 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.206 - Notice and hearing.

468.206 Notice and hearing.   If upon consideration of the plan or amended plan and the report or reports of the engineer and the commitments involved in the adoption of the plan the board finds that the district will benefit therefrom or the purposes for which the district was established will be promoted thereby, the board shall adopt the same as a tentative plan, enter an order to that effect, and fix a date for hearing thereon not less than thirty days thereafter and direct the auditor to cause notice to be given of such hearing as provided in section 468.207.  [C50, 54, 58, 62, 66, §455.206; C71, 73, 75, 77, 79, 81, §455.207]  89 Acts, ch 126, §2  CS89, §468.206  2015 Acts, ch 30, §145  Referred to in §468.38, 468.62, 468.184, 468.201, 468.207
IA Code § 468.207 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.207 - Form of notice.

468.207 Form of notice.   1. The notice under section 468.206 shall be captioned in the name of the district and shall be directed to all of the following:   a. The owners of each tract or lot within the levee or drainage district, including railroad companies having rights-of-way and lienholders and encumbrancers.   b. The owners, lienholders, or encumbrancers of lands which an adoption of the plan would exclude from benefits.   c. The owners, lienholders, or encumbrancers of lands outside the district which will benefit from the plan.   d. Without naming them, the occupants of all lands affected.   e. All other persons whom the plan may concern.   2. The notice shall set forth all of the following:   a. That there is on file in the office of the auditor a plan of construction of the federal agency, naming the agency, together with reports of an engineer on the plan, which the board has tentatively approved.   b. That the plan may be amended before final action.   c. The day and hour set for hearing on the adoption of the plan.   d. That all claims for damages, except claims for land required for right-of-way or construction, and all objections to the adoption of the plan for any reason must be made in writing and filed in the office of the auditor at or before the time set for hearing.   3. Provisions of this subchapter, parts 1 through 5, for giving notice, waiver of notice, waiver of objection and damages and adjournment for service contained in sections 468.15 through 468.20 shall apply.  [C50, 54, 58, 62, 66, §455.207; C71, 73, 75, 77, 79, 81, §455.208]  89 Acts, ch 126, §2  CS89, §468.207  2016 Acts, ch 1073, §133  Referred to in §468.38, 468.62, 468.184, 468.201, 468.206
IA Code § 468.208 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.208 - Amendment — new parties.

468.208 Amendment — new parties.   The board may continue the hearing pending decision and may amend the plan but in the event of amendment the board shall continue further hearing to a fixed date. All parties over whom the board then has jurisdiction shall take notice of such further hearing but any new parties rendered necessary by the modification or change of plans shall be served with notice as for the original hearing.  [C50, 54, 58, 62, 66, §455.208; C71, 73, 75, 77, 79, 81, §455.209]  89 Acts, ch 126, §2  CS89, §468.208  Referred to in §468.38, 468.62, 468.184, 468.201
IA Code § 468.209 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.209 - Entry of order — effect.

468.209 Entry of order — effect.   1. If the board, after consideration of the subject matter, including all objections filed to the adoption of the plan and all claims for damages, shall find that the district will be benefited by adoption of the plan or the purposes for which the district was established is furthered by the plan, the board shall enter an order approving and adopting the final plan. The order shall have the effect of:   a. Altering the boundaries of the district to conform to the changes effected by the plan adopted.   b. Canceling all existing awards for damages for property not appropriated for right-of-way or construction and rendered unnecessary by the plan so adopted.   c. Canceling all awards previously made for damages other than for right-of-way or construction but reinstating the claims for such damages which said claims may be amended by the claimants within ten days thereafter.   d. Canceling all unpaid assessments for benefits on lands excluded from the district by adoption of the plan. The assessments so canceled shall become part of the costs of the improvement.   e. Establishing as benefited thereby the lands added to the district by adoption of the plan and rendering same subject to classification and assessment.   2. Whenever a plan has been adopted as contemplated by this section, modification and changes can be made therein without further notice or hearing, provided the same do not increase or decrease the estimated cost of the plan to the district by more than twenty-five percent.  [C50, 54, 58, 62, 66, §455.209; C71, 73, 75, 77, 79, 81, §455.210]  89 Acts, ch 126, §2  CS89, §468.209  2015 Acts, ch 30, §146; 2016 Acts, ch 1073, §134  Referred to in §468.38, 468.62, 468.184, 468.201
IA Code § 468.210 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.210 - Appraisement.

468.210 Appraisement.   The board shall thereupon appoint three appraisers of the qualifications prescribed in section 468.24, who shall qualify in the manner therein provided, and shall fix a time for hearing on their report of which all interested parties shall take notice. The appraisers shall view the premises and fix and determine the damages to which each claimant is entitled, including claimants whose awards for damages were canceled by the order of adoption, and shall place a separate valuation upon the acreage of each owner taken for right-of-way or other purposes necessitated by adoption of the plan and shall file a report thereof in writing in the office of the auditor at least five days before the date fixed by the board for hearing thereon. Should the report not be filed on time or should good cause for delay exist the board may postpone the time for final action on the subject and, if necessary, may appoint other appraisers. Thereafter the provisions of section 468.26 shall apply.  [C50, 54, 58, 62, 66, §455.210; C71, 73, 75, 77, 79, 81, §455.211]  89 Acts, ch 126, §2  CS89, §468.210  Referred to in §468.38, 468.184, 468.201
IA Code § 468.211 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.211 - Assessment of benefits.

468.211 Assessment of benefits.   Appointment of commissioners to assess benefits and classify lands within the district and all proceedings relative to such assessment and classification shall be as otherwise provided in this subchapter, parts 1 through 5, except that when the lands of the district have previously been classified, the commissioners shall classify and assess only such lands as have been added to the district by adoption of the plan and recommend such changes in existing classifications as are materially affected by the plan so adopted. The board may, upon hearing, adjust the classification of lands affected by the plan.  [C50, 54, 58, 62, 66, §455.211; C71, 73, 75, 77, 79, 81, §455.212]  89 Acts, ch 126, §2  CS89, §468.211  Referred to in §468.38, 468.184, 468.201
IA Code § 468.212 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.212 - Installments — warrants.

468.212 Installments — warrants.   The board shall levy the costs contemplated in section 468.201 upon all of the lands of the district on the basis of the classification for benefits as finally established and the assessments so levied shall be paid in one installment unless the board in its discretion shall provide for the payment thereof in not more than twenty equal installments with interest at a rate determined by the board notwithstanding chapter 74A. The board may issue anticipatory warrants bearing interest at a rate determined by the board, notwithstanding chapter 74A. The warrants may be numbered and state a maturity date. The warrants may be sold by the board for cash in an amount not less than the face value thereof, together with accrued interest, if any.  [C50, 54, 58, 62, 66, §455.212; C71, 73, 75, 77, 79, 81, §455.213]  89 Acts, ch 126, §2  CS89, §468.212  94 Acts, ch 1035, §6  Referred to in §468.38, 468.184, 468.201
IA Code § 468.213 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.213 - Subsequent levies.

468.213 Subsequent levies.   The board shall make such subsequent levies as may be necessary to meet the expenses of the district including costs of maintenance, repair and operation of the works.  [C50, 54, 58, 62, 66, §455.213; C71, 73, 75, 77, 79, 81, §455.214]  89 Acts, ch 126, §2  CS89, §468.213  Referred to in §468.38, 468.184, 468.201
IA Code § 468.214 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.214 - Applicable statutes.

468.214 Applicable statutes.   Except as otherwise provided herein all provisions of this chapter relative to assessment of damages, appointment of an engineer, employment of counsel, payment for work, levy and collection of drainage and levee assessments and taxes, the issue of improvement certificates and drainage or levee bonds, the taking of appeals and the manner of trial thereof and all other proceedings relating thereto shall apply.  [C50, 54, 58, 62, 66, §455.214; C71, 73, 75, 77, 79, 81, §455.215]  89 Acts, ch 126, §2  CS89, §468.214  Referred to in §468.38, 468.184, 468.201
IA Code § 468.215 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.215 - Scope of plan.

468.215 Scope of plan.   The provisions of this part shall be applicable to districts organized or established under the provisions of subchapters II and III.  [C50, 54, 58, 62, 66, §455.215; C71, 73, 75, 77, 79, 81, §455.216]  89 Acts, ch 126, §2  CS89, §468.215  Referred to in §468.38, 468.184, 468.201
IA Code § 468.216 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.216 - Districts under trustees.

468.216 Districts under trustees.   When a district is in the management of trustees as provided in subchapter III the board of trustees shall have the jurisdiction to adopt the federal plan as provided herein and to exercise all other powers herein granted except that any levy shall be made by the board of supervisors upon certificate of the amount necessary by the trustees as provided in section 468.527.  [C50, 54, 58, 62, 66, §455.216; C71, 73, 75, 77, 79, 81, §455.217]  89 Acts, ch 126, §2  CS89, §468.216  Referred to in §468.38, 468.184, 468.201
IA Code § 468.220 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.220 - Occupancy and use permitted — assessments paid.

468.220 Occupancy and use permitted — assessments paid.   1. Any levee or drainage district organized, or in the process of being organized, under the laws of this state may occupy and use for any lawful levee or drainage purpose land owned by the state of Iowa, upon first obtaining permission to do so from the state or state agency controlling the land.   2. In the case of lands lying within the beds of meandered streams and border streams the permission shall be obtained from the natural resource commission of the department of natural resources. In the case of lands that are not under the control of any office or agency of the state, then the permission shall be obtained from the executive council.   3. Such permission shall not be unreasonably withheld and shall be in the form of an easement executed by the governor or in the case of an agency, by the chairperson or presiding officer thereof, and when once granted shall be perpetual, except that if no use is made of the easement for a period of five years, the permission shall immediately thereafter expire.   4. All uses and occupancies as contemplated by this section existing on July 4, 1961, are hereby legalized.   5. The state of Iowa, its agencies and subdivisions shall be financially responsible for drainage and special assessments against land which they own, or hold title to, within existing drainage districts.  [C62, 66, §455.217; C71, 73, 75, 77, 79, 81, §455.218]  89 Acts, ch 126, §2  CS89, §468.220  2015 Acts, ch 30, §147
IA Code § 468.221 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.221 - Written communication delivered to the state or a local government.

468.221 Written communication delivered to the state or a local government.   1. This section applies whenever a board or county officer acting under this chapter is required to deliver a written communication to a state agency or local government. The written communication includes but is not limited to a notice, service of process, demand, statement, or a report.   2. a. If the written communication is to be delivered to a state agency, it may be delivered to the administrative head of the state agency or its governing body. The written communication may also be delivered to a person designated by the administrative head of the state agency or its governing body. The written communication may be delivered to the executive council if the administrative head of the state agency or its governing body cannot be determined.   b. If the written communication is to be delivered to a local government, it may be delivered to the governing body of the local government. The written communication may also be delivered to a person designated by the governing body. As used in this section, “local government” includes a county, city, township, or any special purpose district or authority.  2011 Acts, ch 39, §1; 2012 Acts, ch 1021, §87
IA Code § 468.230 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.230 - Administrators appointed.

468.230 Administrators appointed.   The county board of supervisors of any county of this state in which one or more drainage districts are established may by resolution establish a board of county drainage administrators. All of the powers, duties, and responsibilities now or hereafter conferred on county boards of supervisors in this chapter shall thereupon be transferred to and thereafter exercised by the board of county drainage administrators. A drainage or levee district may be established pursuant to subchapter III.  [C71, 73, 75, 77, 79, 81, §455.219]  89 Acts, ch 126, §2  CS89, §468.230
IA Code § 468.231 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.231 - Administrator areas.

468.231 Administrator areas.   When establishing a board of county drainage administrators, the board of supervisors shall divide the county, along township lines, into three drainage administrator areas of approximately equal territory. The board of county drainage administrators shall consist of one resident freeholder appointed by the county board of supervisors from each area, and at least two of the administrators shall be agricultural landowners. The members first appointed shall hold office for terms of one, two, and three years respectively, as indicated and fixed by the county board of supervisors. Thereafter, succeeding members shall be appointed for a term of three years, except that vacancies occurring otherwise than by expiration of a term shall be filled by appointment for the unexpired term. Any member of the board of county drainage administrators who shall cease to have any of the qualifications prescribed by this section shall thereupon be disqualified as a member of the board and the office shall be deemed vacant. Members of the board of county drainage administrators may be removed by the county board of supervisors for cause, but every such removal shall be by written order which shall be filed with the county auditor.  [C71, 73, 75, 77, 79, 81, §455.220]  89 Acts, ch 126, §2  CS89, §468.231
IA Code § 468.232 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.232 - Compensation.

468.232 Compensation.   The members of the board of county drainage administrators shall each receive compensation at an hourly rate established by the county board of supervisors for time actually devoted to the duties of their office, and reimbursement at the rate established by section 70A.9 for travel to and from meetings of, or other places of performing the duties of, the board, and other actual and necessary expenses incurred in the performance of their duties.  [C71, 73, 75, 77, 79, 81, §455.221]  89 Acts, ch 126, §2  CS89, §468.232