reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.49 - Confidentiality.

466B.49 Confidentiality.
Any information received, collected, or held under this subchapter is a confidential record, and is exempted from public access as provided in section 22.7, if all of the following apply:
1. The information is received, collected, or held by a nonprofit organization that conducts nutrient management research, including but not limited to conducting evaluations, assessments, or validations.
2. The information identifies any of the following:
a. A person who holds a legal interest in agricultural land or who has previously held a legal interest in agricultural land.
b. A person who is involved or who has previously been involved in managing the agricultural land or producing crops or livestock on the agricultural land.
c. The identifiable location of the agricultural land.
2014 Acts, ch 1139, §28, 29
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466C - IOWA FLOOD CENTER › Section 466C.1 - Iowa flood center.

466C.1 Iowa flood center.
1. The state board of regents shall establish and maintain in Iowa City as a part of the state university of Iowa an Iowa flood center. In conducting the activities of this chapter, the center shall work cooperatively with the department of natural resources, the department of agriculture and land stewardship, the water resources coordinating council, and other state and federal agencies.
2. The Iowa flood center shall have all of the following purposes:
a. To develop hydrologic models for physically-based flood frequency estimation and real-time forecasting of floods, including hydraulic models of floodplain inundation mapping.
b. To establish community-based programs to improve flood monitoring and prediction along Iowa’s major waterways and to support ongoing flood research.
c. To share resources and expertise of the Iowa flood center.
d. To assist in the development of a workforce in the state knowledgeable regarding flood research, prediction, and mitigation strategies.
2009 Acts, ch 184, §15
Referred to in §418.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.1 - Jurisdiction to establish.

468.1 Jurisdiction to establish.
The board of supervisors of any county shall have jurisdiction, power, and authority at any regular, special, or adjourned session, to establish a drainage district or districts, and to locate and establish levees, and cause to be constructed as hereinafter provided any levee, ditch, drain, or watercourse, or settling basins in connection therewith, or to straighten, widen, deepen, or change any natural watercourse, in such county, whenever the same will be of public utility or conducive to the public health, convenience or welfare.
[C73, §1207; C97, §1939; S13, §1989-a1; C24, 27, 31, 35, 39, §7421; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.1]
89 Acts, ch 126, §2
CS89, §468.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.2 - Presumption and construction of laws.

468.2 Presumption and construction of laws.
1. The drainage of surface waters from agricultural lands and all other lands, including state-owned lakes and wetlands, or the protection of such lands from overflow shall be presumed to be a public benefit and conducive to the public health, convenience, and welfare.
2. The provisions of this subchapter and all other laws for the drainage and protection from overflow of agricultural or overflow lands shall be liberally construed to promote leveeing, ditching, draining, and reclamation of wet, swampy, and overflow lands.
[S13, §1989-a1, -a46; C24, 27, 31, 35, 39, §7422, 7594; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.2, 455.182]
89 Acts, ch 126, §2
CS89, §468.2
2011 Acts, ch 59, §1, 4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.4 - General rule for location.

468.4 General rule for location.
The levees, ditches, or drains herein provided for shall, so far as practicable, be surveyed and located along the general course of the natural streams and watercourses or in the general course of natural drainage of the lands of said district; but where it will be more economical or practicable such ditch or drain need not follow the course of such natural streams, watercourses, or course of natural drainage, but may straighten, shorten, or change the course of any natural stream, watercourse, or general course of drainage.
[S13, §1989-a2; C24, 27, 31, 35, 39, §7425; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.5]
89 Acts, ch 126, §2
CS89, §468.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.5 - Location across railroad.

468.5 Location across railroad.
When any such ditch or drain crosses any railroad right-of-way, it shall when practicable be located at the place of the natural waterway across such right-of-way, unless said railroad company shall have provided another place in the construction of the roadbed for the flow of the water; and if located at the place provided by the railroad company, such company shall be estopped from afterwards objecting to such location on the ground that it is not at the place of the natural waterway.
[S13, §1989-a2; C24, 27, 31, 35, 39, §7426; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.6]
89 Acts, ch 126, §2
CS89, §468.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.6 - Number of petitioners required.

468.6 Number of petitioners required.
Two or more owners of lands named in the petition described in section 468.8, may file in the office of the county auditor a petition for the establishment of a levee or drainage district, including a district which involves only the straightening of a creek or river. If the district described in the petition is a subdistrict, one or more owners of land affected by the proposed improvement may petition for such district.
[S13, §1989-a2, -a23; C24, 27, 31, 35, 39, §7427, 7428; C46, §455.7, 455.8; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.7]
89 Acts, ch 126, §2
CS89, §468.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.7 - Request by nonpetitioners.

468.7 Request by nonpetitioners.
In the event two or more landowners included in the proposed district other than the petitioners request a classification prior to the establishment of said district, they shall file in writing their request and execute a bond as required in section 468.9 to cover the expense of such classification if the district is not established. Such written request and the bond shall be filed before the board establishes a district.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455.8]
89 Acts, ch 126, §2
CS89, §468.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.8 - Petition.

468.8 Petition.
The petition shall set forth:
1. An intelligible description, by congressional subdivision or otherwise, of the lands suggested for inclusion in the district.
2. That said lands are subject to overflow or are too wet for cultivation or subject to erosion or flood danger.
3. That the public benefit, utility, health, convenience, or welfare will be promoted by the suggested improvements.
4. The suggested starting point, route, terminus and lateral branches of the proposed improvements.
5. In the event the petitioners request a classification before the establishment of the district, the petition shall include a request that the district be classified as provided in sections 468.38 through 468.44 after the board has approved the report of the engineer as a tentative plan but before the district is finally established.
[S13, §1989-a2, -a23; C24, 27, 31, 35, 39, §7429; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.9]
89 Acts, ch 126, §2
CS89, §468.8
Referred to in §468.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.9 - Bond.

468.9 Bond.
1. There shall be filed with the petition a bond in an amount fixed and with sureties approved by the auditor, conditioned for the payment of all costs and expenses incurred in the proceedings in case the district is not finally established.
2. No preliminary expense shall be incurred before the establishment of such proposed improvement district by the board in excess of the amount of bond filed by the petitioners. In case it is necessary to incur any expense in addition to the amount of such bond, the board of supervisors shall require the filing of an additional bond by the petitioners and shall not proceed with the preliminary survey or authorize any additional expense until the additional bond is filed in a sufficient amount to cover such expense.
[S13, §1989-a2; C24, 27, 31, 35, 39, §7430, 7431; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.10, 455.11]
89 Acts, ch 126, §2
CS89, §468.9
Referred to in §357.1A, 468.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.10 - Engineer.

468.10 Engineer.
1. The board shall at its first session thereafter, regular, special, or adjourned, examine the petition and if it be found sufficient in form and substance, shall appoint a disinterested and competent civil engineer who shall give bond to the county for the use of the proposed levee or drainage district, if it be established, and if not established, for the use of the petitioners, in amount and with sureties to be approved by the auditor, and conditioned for the faithful and competent performance of the engineer’s duties.
2. Any engineer employed under the provisions of this subchapter, parts 1 through 5 shall receive such compensation per diem as shall be fixed and determined by the board of supervisors.
3. The board may at any time terminate the contract with, and discharge the engineer.
4. The engineer shall keep an accurate record of the kind of work done by the engineer, the place where done, and the time engaged therein, and shall file an itemized statement thereof with the auditor. No expenses shall be incurred by the engineer except upon authority of the board, and vouchers shall be filed with the claims therefor.
[S13, §1989-a2, -a41, -a42; SS15, §1527-s21b; C24, 27, 31, 35, 39, §7432 – 7436; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.12 – 455.16]
89 Acts, ch 126, §2
CS89, §468.10
94 Acts, ch 1051, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.11 - Survey.

468.11 Survey.
1. The engineer shall examine the lands described in the petition and any other lands which would be benefited by said improvement or necessary in carrying out the purposes of the petition.
2. The engineer shall locate and survey such ditches, drains, levees, settling basins, pumping stations, and other improvements as will be necessary, practicable, and feasible in carrying out the purposes of the petition and which will be of public benefit or utility, or conducive to public health, convenience, or welfare.
[S13, §1989-a2; C24, 27, 31, 35, 39, §7437; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.17]
89 Acts, ch 126, §2
CS89, §468.11
2019 Acts, ch 59, §150
Referred to in §468.13, 468.22, 468.27, 468.339
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.12 - Report.

468.12 Report.
1. The engineer shall make full written report to the county auditor, setting forth:
a. The starting point, route, and terminus of each ditch, drain, and levee and the character and location of all other improvements.
b. A plat and profile, showing all ditches, drains, levees, settling basins, and other improvements, the course, length, and depth of each ditch, the length, size, and depth of each drain, and the length, width, and height of each levee, through each tract of land, and the particular descriptions and acreage of the land required from each forty-acre tract or fraction thereof as right-of-way, or for settling basin or basins, together with the 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. Said plat shall describe the width of the right-of-way to be taken from each forty-acre tract or fraction thereof.
c. The boundary of the proposed district, including therein by color or other designation other lands that will be benefited or otherwise affected by the proposed improvements, together with the location, size, and elevation of all lakes, ponds, and deep depressions therein.
d. Plans for the most practicable and economic place and method for passing machinery, equipment, and material required in the construction of said improvements across any highways, railroads, and other utilities within the proposed district.
e. The probable cost of the proposed improvements, together with such other facts and recommendations as the engineer shall deem material.
2. Where the proposed district contemplates as its object flood control or soil conservance the engineer shall include in the report data describing any soil conservance or flood control improvements, the nature of the improvements, and other data as prescribed by the department of natural resources.
[S13, §1989-a2; C24, 27, 31, 35, 39, §7438; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.18; 82 Acts, ch 1199, §70, 96]
89 Acts, ch 126, §2
CS89, §468.12
2011 Acts, ch 25, §143
Referred to in §468.13, 468.22, 468.27, 468.339
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.13 - Procedure on report — classification.

468.13 Procedure on report — classification.
1. Upon the filing of the report of the engineer recommending the establishment of the levee or drainage district, the board shall at its first regular, adjourned, or special meeting examine and consider the same, and, if the plan is not approved the board may employ the same engineer or another disinterested engineer to report another plan or make additional examination and surveys and file an additional report covering such matters as the board may direct. Additional surveys and reports must be made in accordance with the provisions of sections 468.11 and 468.12. At any time prior to the final adoption of the plans they may be amended, and as finally adopted by the board shall be conclusive unless the action of the board in finally adopting them shall be appealed from as provided in this subchapter.
2. If the petition or other landowners requested a classification of the district prior to establishment, the board shall order a classification as provided by sections 468.38 through 468.44 after they have approved the report of the engineer as a tentative plan. The notice of hearing provided by section 468.14 shall also include the requirements of the notice of hearing provided in section 468.45 as to this classification, and the hearing on the petition provided in section 468.21 shall also include the matters to be heard as provided in section 468.46.
3. If the board establishes the district as provided in section 468.22, the classification which is finally approved at the hearing by the board shall remain the basis of all future assessments for the purposes of said district as provided in section 468.49. The landowners shall have the same right of appeal from this classification as they would have if the petition had not requested a classification prior to establishment and the classification had been made after establishment.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7439; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.19]
89 Acts, ch 126, §2
CS89, §468.13
2016 Acts, ch 1011, §81; 2017 Acts, ch 29, §132
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.14 - Notice of hearing.

468.14 Notice of hearing.
When any plan and report of the engineer has been approved by the board, such approval shall be entered of record in its proceedings as a tentative plan only for the establishment of said improvement. Thereupon it shall enter an order fixing a date for the hearing upon the petition not less than forty days from the date of the order of approval, and directing the auditor immediately to cause notice to be given to the owner of each tract of land or lot within the proposed levee or drainage district as shown by the transfer books of the auditor’s office, including railway companies having right-of-way in the proposed district and to all lienholders or encumbrancers of any land within the proposed district without naming them, and also to all other persons whom it may concern, and without naming individuals all actual occupants of the land in the proposed district, of the pendency and prayer of the said petition, the favorable report thereon by the engineer, and that such report may be amended before final action, the approval thereof by the board as a tentative plan, and the day and the hour set for hearing on said petition and report, and that all claims for damages except claims for land required for right-of-way, and all objections to the establishment of said district for any reason must be made in writing and filed in the office of the auditor at or before the time set for such hearing.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7440; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.20]
89 Acts, ch 126, §2
CS89, §468.14
Referred to in §468.13, 468.15, 468.17, 468.17A, 468.45, 468.65, 468.126, 468.132, 468.134, 468.265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.15 - Service by publication — copy mailed — proof.

468.15 Service by publication — copy mailed — proof.
The notice provided in section 468.14 shall be served by publication as provided in section 331.305 before the hearing except that the notice shall be published at least twenty days before the hearing date. Proof of the service shall be made by affidavit of the publisher. Copy of the notice shall also be sent by ordinary mail to each person and to the clerk or recorder of each city named in the notice at that person’s last known mailing address unless there is on file an affidavit of the auditor, or of a person designated by the board to make the necessary investigation, stating that no mailing address is known and that diligent inquiry has been made to ascertain it. The copy of notice shall be mailed not less than twenty days before the day set for hearing and proof of the service shall be by affidavit of the auditor. Proofs of service required by this section shall be on file at the time the hearing begins.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7441; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.21]
87 Acts, ch 43, §14; 88 Acts, ch 1035, §1; 89 Acts, ch 126, §2
CS89, §468.15
Referred to in §468.20, 468.45, 468.48, 468.65, 468.74, 468.126, 468.132, 468.134, 468.207, 468.265, 468.284, 468.602
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.16 - Service on agent.

468.16 Service on agent.
1. If any person, corporation, or company owning or having interest in any land or other property affected by any proposed improvement under this chapter files an instrument in writing with the auditor designating the name and post office address of the agent of the person, corporation, or company upon whom service of notice of the proceeding shall be made, the auditor shall, not less than twenty days prior to the date set for hearing upon the petition, send a copy of the notice by certified mail addressed to the agent so designated. Proof of service shall be made by affidavit of the auditor filed in the proceeding at or before the date of the hearing upon the petition, and such service shall be in lieu of all other service of notice to such persons, corporations, or companies.
2. This designation when filed shall be in force for a period of five years thereafter and shall apply to all proceedings under this chapter during such period. The person, company, or corporation making such designation shall have the right to change the agent appointed in the designation or to amend the designation in any other particular.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.22]
89 Acts, ch 126, §2
CS89, §468.16
2019 Acts, ch 59, §151
Referred to in §468.17A, 468.20, 468.45, 468.48, 468.65, 468.126, 468.132, 468.134, 468.207, 468.257, 468.265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.17 - Personal service.

468.17 Personal service.
In lieu of publication, personal service of the notice under section 468.14 may be made upon any owner of land in the proposed district, or upon any lienholder or other person interested in the proposed improvement, in the manner and for the time required for service of original notices in the district court. Proof of such service shall be on file with the auditor on the date of said hearing.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7443; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.23]
89 Acts, ch 126, §2
CS89, §468.17
2022 Acts, ch 1021, §114
Referred to in §468.17A, 468.20, 468.45, 468.65, 468.126, 468.132, 468.134, 468.207, 468.265
Time and manner of service,
R.C.P. 1.302 – 1.315
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.17A - Unofficial notice by electronic mail.

468.17A Unofficial notice by electronic mail.
A person entitled to receive a notice pursuant to section 468.14, 468.16, or 468.17, or a person entitled to receive a notice under another provision of this chapter by the postal service or personal service, may request that the board responsible for providing such notice to the person also send an unofficial version of the notice to the person’s electronic mail address. The board may retain the electronic mail addresses of private persons for the purpose of sending those persons electronic mail under this section or any other correspondence if the person consents to receiving that correspondence by electronic mail. The electronic mail addresses retained by the board are confidential records under section 22.7. A person is not required to file an electronic mail address with a board and may demand that the person’s electronic mail address be removed from the record used to send notices and other correspondence to persons as described in this section. The failure to notify a person as required in this section is not a basis to challenge the validity of the purpose of the notice including a hearing or a board action.
2021 Acts, ch 27, §1
Referred to in §468.20, 468.45, 468.65, 468.126, 468.132, 468.134, 468.207, 468.265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.18 - Waiver of notice.

468.18 Waiver of notice.
No service of notice shall be required upon any person who shall file with the auditor a statement in writing, signed by the person, waiving notice, or who enters an appearance in the proceedings. The filing of a claim for damages or objections to the establishment of said district or other pleading shall be deemed an appearance.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.24]
89 Acts, ch 126, §2
CS89, §468.18
Referred to in §468.20, 468.45, 468.65, 468.126, 468.132, 468.134, 468.207, 468.265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.19 - Waiver of objections and damages.

468.19 Waiver of objections and damages.
Any person, company, or corporation failing to file any claim for damages or objections to the establishment of the district at or before the time fixed for said hearing, except claims for land required for right-of-way, or for settling basins, shall be held to have waived all objections and claims for damages.
[S13, §1989-a4; C24, 27, 31, 35, 39, §7445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.25]
89 Acts, ch 126, §2
CS89, §468.19
Referred to in §468.207
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.20 - Adjournment for service — jurisdiction retained.

468.20 Adjournment for service — jurisdiction retained.
If at the date set for hearing, it appears that any person entitled to notice has not been properly served with notice, the board may postpone the hearing and set another time for the same not less than thirty days from the original hearing date. Notice of hearing shall be served on such omitted parties in the manner provided in sections 468.15 through 468.18. By fixing a new date for hearing and adjourning the proceeding to the new date, the board shall not lose jurisdiction of the subject matter of the proceeding nor of any parties already served with notice.
[S13, §1989-a3; C24, 27, 31, 35, 39, §7446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.26]
89 Acts, ch 126, §2
CS89, §468.20
2020 Acts, ch 1063, §251
Referred to in §468.207
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.21 - Hearing of petition — dismissal.

468.21 Hearing of petition — dismissal.
The petition may be amended at any time before final action on the petition. At the time set for hearing on the petition, the board shall hear and determine the sufficiency of the petition in form and substance and all objections filed against the establishment of such district, and the board may view the premises included in the said district. If the board finds that the construction of the proposed improvement will not materially benefit said lands or would not be for the public benefit or utility nor conducive to the public health, convenience, or welfare, or that the cost thereof is excessive, the board shall dismiss the proceedings.
[S13, §1989-a5; C24, 27, 31, 35, 39, §7447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.27]
89 Acts, ch 126, §2
CS89, §468.21
2013 Acts, ch 90, §140
Referred to in §468.13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.22 - Establishment — further investigation.

468.22 Establishment — further investigation.
1. a. The board may locate and establish the district in accordance with the recommendation of the engineer and the report and plans on file if the board finds all of the following:
(1) That the petition complies with the requirements of law in form and substance.
(2) That the improvement would be conducive to the public health, convenience, welfare, benefit, or utility.
(3) That the cost of the improvement is not excessive.
(4) That no claim has been filed for damages.
b. The board may refuse to establish the proposed district if it deem best, or it may direct the engineer or another one employed for that purpose to make further examinations, surveys, plats, profiles, and reports for the modification of said plans, or for new plans in accordance with sections 468.11 and 468.12, and 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 any modification or change of plans shall be served with notice in the same manner as for the original establishment of a district.
2. The county auditor shall appoint three appraisers as provided for in section 468.24 to assess the value of the right-of-way required for open ditches or other improvements.
[S13, §1989-a5; C24, 27, 31, 35, 39, §7448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.28]
89 Acts, ch 126, §2
CS89, §468.22
2020 Acts, ch 1063, §252; 2022 Acts, ch 1021, §115
Referred to in §468.13
Subsection 1, paragraph a amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.23 - Settling basins — purchase or lease of lands.

468.23 Settling basins — purchase or lease of lands.
If a settling basin or basins are provided as a part of a drainage improvement, the board of supervisors may buy or lease the necessary lands in lieu of condemning said lands. The board may by purchase acquire the necessary lands required for right-of-way for open ditches or other improvements in lieu of condemning said lands.
[C27, 31, 35, §7448-a1; C39, §7448.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.29]
89 Acts, ch 126, §2
CS89, §468.23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.24 - Appraisers.

468.24 Appraisers.
If the board shall find that such improvement will materially benefit said lands, will be conducive to the public health, convenience, welfare, benefit, or utility, and that the law has been complied with as to form and substance of the petition, the service of notice, and the survey and report of the engineer, and that said improvement should be made, then if any claims for damages shall have been filed, further proceedings shall be continued to an adjourned, regular, or special session, the date of which shall be fixed at the time of adjournment, and of which all interested parties shall take notice, and the auditor shall appoint three appraisers to assess damages, one of whom shall be an engineer, and two freeholders of the county who shall not be interested in nor related to any person interested in the proposed improvement, and the said appraisers shall take and subscribe an oath to examine the said premises, ascertain and impartially assess all damages according to their best judgment, skill, and ability.
[S13, §1989-a5; C24, 27, 31, 35, 39, §7449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.30]
89 Acts, ch 126, §2
CS89, §468.24
Referred to in §468.22, 468.210
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.25 - Assessment — report — adjournment — other appraisers.

468.25 Assessment — report — adjournment — other appraisers.
The appraisers appointed to assess damages shall view the premises and determine and fix the amount of damages to which each claimant is entitled, and shall place a separate valuation upon the acreage of each owner taken for right-of-way for open ditches or for settling basins, as shown by plat of engineer, and shall, at least five days before the date fixed by the board to hear and determine the same, file with the county auditor reports in writing, showing the amount of damage sustained by each claimant. Should the report not be filed in time, or should any good cause for delay exist, the board may postpone the time of final action on the subject, and, if necessary, the auditor may appoint other appraisers.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.31]
89 Acts, ch 126, §2
CS89, §468.25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.26 - Award by board.

468.26 Award by board.
At the time fixed for hearing and after the filing of the report of the appraisers, the board shall examine said report, and may hear evidence thereon, both for and against each claim for damages and compensation, and shall determine the amount of damages and compensation due each claimant, and may affirm, increase, or diminish the amount awarded by the appraisers.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.32]
89 Acts, ch 126, §2
CS89, §468.26
Referred to in §468.210
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.27 - Dismissal or establishment — permanent easement.

468.27 Dismissal or establishment — permanent easement.
1. The board shall at the meeting, or at an adjourned session of the meeting, consider the costs of construction of the improvement as shown by the reports of the engineer and the amount of damages and compensation awarded to all claimants. If, in the board’s opinion, the costs of construction and amount of damages awarded create a greater burden than should justly be borne by the lands benefited by the improvement, the board shall then dismiss the petition and assess the costs and expenses to the petitioners and their sureties. However, if the board finds that the cost and expense is not a greater burden than should be justly borne by the land benefited by the improvement, then the board shall finally and permanently locate and establish the district and improvement.
2. Following the establishment of the district, the drainage district is deemed to have acquired by permanent easement all rights-of-way for drainage district ditches, tile lines, settling basins and other improvements, unless the rights-of-way are acquired by fee simple, in the dimensions shown on the survey and report made in compliance with sections 468.11 and 468.12 or as shown on the permanent survey, plat, and profile, if one is made. Upon the establishment of the district, the petitioners shall file with the county auditor the survey and report or permanent survey, plat, and profile, as set forth in sections 468.172 and 468.173. This filing constitutes constructive notice to all persons of the rights conferred by this section. The permanent easement includes the right of ingress and egress across adjoining land and the right of access for maintenance, repair, improvement, and inspection. The owner or lessee shall be reimbursed for any crop damages incurred in the maintenance, repair, improvement, and inspection except within the right-of-way of the drainage district.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7452; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.33]
85 Acts, ch 163, §1; 87 Acts, ch 42, §1; 89 Acts, ch 126, §2
CS89, §468.27
91 Acts, ch 80, §1; 91 Acts, ch 191, §121; 92 Acts, ch 1163, §96; 2019 Acts, ch 59, §152
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.28 - Dismissal on remonstrance.

468.28 Dismissal on remonstrance.
If, at or before the time set for final hearing as to the establishment of a proposed levee, drainage, or improvement district, except a subdrainage district, a remonstrance signed by a majority of the landowners in the district has been filed with the county auditor, or auditors, in case the district extends into more than one county, and the remonstrants in the aggregate own seventy percent or more of the lands to be assessed for benefits or taxed for said improvements and are remonstrating against the establishment of the levee, drainage, or improvement district, setting forth the reasons therefor, the board or boards as the case may be, shall assess to the petitioners and their sureties or apportion the costs among them as the board or boards may deem just or as the parties may agree upon. When all such costs have been paid, the board or boards of supervisors shall dismiss said proceedings and cause to be filed with the county auditor all surveys, plats, reports, and records in relation to the proposed district.
[C24, 27, 31, 35, 39, §7453; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.34]
89 Acts, ch 126, §2
CS89, §468.28
2022 Acts, ch 1021, §116
Referred to in §468.119
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.29 - Dissolution.

468.29 Dissolution.
When for a period of two years from and after the date of the establishment of a drainage district, or when an appeal is taken or litigation brought against said district within two years from the date such appeal or litigation is finally determined, no contract shall have been let or work done or drainage certificates or bonds issued for the construction of the improvements in such district, a petition may be filed in the office of the auditor, addressed to the board of supervisors, signed by a majority of the persons owning land in such district and who, in the aggregate, own sixty percent or more of all the land embraced in said district, setting forth the above facts and reciting that provision has been made by the petitioners for the payment of all costs and expenses incurred on account of such district. The board shall examine such petition at its next meeting after the filing thereof, and if found to comply with the above requirements, shall dissolve and vacate said district by resolution entered upon its records, to become effective upon the payment of all the costs and expenses incurred in relation to said district. In case of such vacation and dissolution and upon payment of all costs as herein provided, the auditor shall note the same on the drainage record, showing the date when such dissolution became effective.
[C24, 27, 31, 35, 39, §7454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.35]
89 Acts, ch 126, §2
CS89, §468.29
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.30 - Permanent survey, plat, and profile.

468.30 Permanent survey, plat, and profile.
When the improvement has been finally located and established, the board may if necessary appoint the said engineer or a new one to make a permanent survey of said improvement as so located, showing the levels and elevations of each forty-acre tract of land and file a report of the same with the county auditor together with a plat and profile thereof.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.36]
89 Acts, ch 126, §2
CS89, §468.30
Referred to in §468.62
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.31 - Paying or securing damages.

468.31 Paying or securing damages.
The amount of damages or compensation finally determined in favor of any claimant shall be paid in the first instance by the parties benefited by the said improvement, or secured by bond in the amount of such damages and compensation with sureties approved by the auditor.
[S13, §1989-a7; C24, 27, 31, 35, 39, §7456; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.37]
89 Acts, ch 126, §2
CS89, §468.31
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.32 - Division of improvement.

468.32 Division of improvement.
After the damages as finally fixed, shall have been paid or secured, the board may divide said improvement into suitable sections, having regard to the kind of work to be done, numbering the same consecutively from outlets to the beginning, and prescribing the time within which the improvement shall be completed. A settling basin, if provided for, may be embraced in a section by itself.
[S13, §1989-a7; C24, 27, 31, 35, 39, §7457; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.38]
89 Acts, ch 126, §2
CS89, §468.32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.33 - Supervising engineer — bond.

468.33 Supervising engineer — bond.
Upon the payment or securing of damages, the board shall appoint a competent engineer to have charge of the work of construction thereof, who shall be required before entering upon the work to give a bond to the county for the use and benefit of the levee or drainage district, to be approved by the auditor in such sum as the board may fix, conditioned for the faithful discharge of the engineer’s duties.
[S13, §1989-a7; C24, 27, 31, 35, 39, §7458; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.39]
89 Acts, ch 126, §2
CS89, §468.33
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.34 - Advertisement for bids.

468.34 Advertisement for bids.
The board shall publish notice once each week for two consecutive weeks in a newspaper published in the county where the improvement is located, and publish additional advertisement and publication elsewhere as the board may direct. The notice shall state the time and place of letting the work of construction of the improvement, specifying the approximate amount of work to be done in each numbered section of the district, the time fixed for the commencement, and the time of the completion of the work, that bids will be received on the entire work and in sections or divisions of it, and that a bidder will be required to deposit a bid security with the county auditor as provided in section 468.35. All notices shall set the date that bids will be received and upon which the work will be let. However, when the estimated cost of the improvement is less than the adjusted competitive bid threshold, the board may let the contract for the construction without taking bids and without publishing notice.
[C73, §1212; C97, §1944; S13, §1944; SS15, §1989-a8; C24, 27, 31, 35, 39, §7459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.40]
84 Acts, ch 1055, §10; 84 Acts, ch 1189, §1; 89 Acts, ch 126, §2
CS89, §468.34
94 Acts, ch 1051, §2; 2006 Acts, ch 1056, §1; 2010 Acts, ch 1091, §1, 4; 2014 Acts, ch 1075, §12; 2015 Acts, ch 51, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.35 - Bids — letting of work.

468.35 Bids — letting of work.
1. The board shall award a contract or contracts for each section of the work to the lowest responsible bidder or bidders therefor, bids to be submitted, received, and acted upon separately as to the main drain and each of the laterals, and each settling basin, if any, exercising their own discretion as to letting such work as to the main drain as a whole, or as to each lateral as a whole, or by sections as to both main drain and laterals, and reserving the right to reject any and all bids and readvertise the letting of the work.
2. A bid shall be in writing, specifying the portion of the work upon which the bid is made, and filed with the auditor. The bid shall be accompanied with a bid security. The bid security shall be in the form of a deposit of cash, a certified check on and certified by a bank in Iowa, a certified share draft drawn on a credit union in Iowa, or a bid bond with a corporate surety satisfactory to the board as provided in section 73A.20. The bid security must be payable to the auditor or the auditor’s order at the auditor’s office in a sum equal to five percent of the amount of the bid. However, if the maximum limit on a bid security would cause a denial of funds or services from the federal government which would otherwise be available, or if the maximum limit would otherwise be inconsistent with the requirements of federal law, the maximum limit may be suspended to the extent necessary to prevent denial of federal funds or services or to eliminate the inconsistency with federal requirements. The cash, check, or share draft of an unsuccessful bidder shall be returned, and the bid bond of an unsuccessful bidder shall be canceled. The bid security of a successful bidder shall be maintained as a guarantee that the bidder will enter into a contract in accordance with the bids.
2015 Acts, ch 51, §6; 2016 Acts, ch 1011, §82
Referred to in §468.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.36 - Performance bond — return of deposit.

468.36 Performance bond — return of deposit.
A successful bidder is required to execute a bond with sureties approved by the auditor in favor of the county for the use and benefit of the levee or drainage district and all persons entitled to liens for labor or material in an amount not less than seventy-five percent of the contract price of the work to be done, conditioned for the timely, efficient, and complete performance of the contract, and the payment, as they become due, of all just claims for labor performed and material used in carrying out the contract. When a contract is executed and bond approved by the board, the cash, certified check, or certified share draft deposited with the bid shall be returned to the bidder.
2015 Acts, ch 51, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.37 - Contracts.

468.37 Contracts.
All agreements and contracts for work or materials in constructing the improvements of a district shall be in writing and be signed by the chairperson of the board of supervisors for and on behalf of the district and the parties who are to perform the work or furnish the materials specified in the contract. The contract shall specify the particular work to be done or materials to be furnished, the time when it shall begin and when it shall be completed, the amount to be paid and the times of payment, and contain such other terms and conditions as to details as are necessary to a clear understanding of the terms of the contract.
[C24, 27, 31, 35, 39, §7463; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.44]
89 Acts, ch 126, §2
CS89, §468.37
2021 Acts, ch 80, §300
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.38 - Commissioners to classify and assess.

468.38 Commissioners to classify and assess.
When a levee or drainage district has been located and finally established or, unless otherwise provided by law, when the required proceedings have been taken to enlarge, deepen, widen, change, or extend any of the ditches, laterals, settling basins, or drains of a district, or the required proceedings have been taken to annex additional lands to a district, or a plan of the United States government for original construction of the improvements in a district has been adopted by the district under sections 468.201 through 468.216, the board shall appoint three commissioners to assess benefits and classify the lands affected by the improvement. One of the commissioners shall be a competent civil engineer and two of them shall be resident freeholders of the county in which the district is located, but not living within, nor interested in, any lands included in the district, nor related to any party whose land is affected by the district. The commissioners shall take and subscribe an oath of their qualifications and to perform the duties of classification of the lands, to fix the percentages of benefits, apportion and assess the costs and expenses of constructing the improvement, divide and rename original improvements, and, if included in the board’s resolution, adopt special common outlet classifications to be maintained independent of the district’s regular assessment schedules, according to law and their best judgment, skill, and ability. If the commissioners or any of them fail or neglect to act or perform the duties in the time and as required of them by law, the board shall appoint others with like qualifications to take their places and perform the duties.
[SS15, §1989-a12; C24, 27, 31, 35, 39, §7464; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.45]
89 Acts, ch 126, §2
CS89, §468.38
91 Acts, ch 80, §2
Referred to in §468.8, 468.13, 468.49, 468.65, 468.126, 468.184
See §468.67