reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.85 - Transcript.

468.85 Transcript.
When notice of any appeal with the bond as required by section 468.84 shall be filed with the auditor, the auditor shall forthwith make and certify a transcript of the notice of appeal and appeal bond, and file the same with the clerk.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7516; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.95]
89 Acts, ch 126, §2
CS89, §468.85
Referred to in §357.33, 468.126, 468.135
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.86 - Petition — docket fee — waiver — dismissal.

468.86 Petition — docket fee — waiver — dismissal.
Within twenty days after perfection of the appeal the appellant shall file a petition setting forth the order or final action of the board appealed from and the grounds of the appellant’s objections and the appellant’s complaint, with a copy of the appellant’s claim for damages or objections filed with the auditor. The appellant shall pay to the clerk the filing fee as provided by law in other cases. A failure to pay the filing fee or to file such petition shall be deemed a waiver of the appeal and in such case the court shall dismiss the same.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7517; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.96]
89 Acts, ch 126, §2
CS89, §468.86
Referred to in §357.33, 468.126, 468.135, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.87 - Pleadings on appeal.

468.87 Pleadings on appeal.
It shall not be necessary for the appellees to file an answer to the petition unless some affirmative defense is made thereto, but they may do so.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7518; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.97]
89 Acts, ch 126, §2
CS89, §468.87
Referred to in §357.33, 468.126, 468.135, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.88 - Proper parties — employment of counsel.

468.88 Proper parties — employment of counsel.
In all actions or appeals affecting the district, the board of supervisors shall be a proper party for the purpose of representing the district and all interested parties therein, other than the adversary parties, and the employment of counsel by the board shall be for the purpose of protecting the rights of the district and interested parties therein other than the adversary parties.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7519; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.98]
89 Acts, ch 126, §2
CS89, §468.88
Referred to in §357.33, 468.126, 468.135, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.89 - Plaintiffs and defendants.

468.89 Plaintiffs and defendants.
In all appeals or actions adversary to the district, the appellant or complaining party shall be entitled the plaintiff, and the board of supervisors and drainage district it represents, the defendants.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7520; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.99]
89 Acts, ch 126, §2
CS89, §468.89
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.90 - Right of board and district to sue.

468.90 Right of board and district to sue.
In all appeals or actions for or in behalf of the district, the board and the drainage district it represents may sue as the plaintiffs.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7521; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.100]
89 Acts, ch 126, §2
CS89, §468.90
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.91 - Trial on appeal — consolidation.

468.91 Trial on appeal — consolidation.
Appeals from orders or actions of the board fixing the amount of compensation for lands taken for right-of-way or the amount of damages to which any claimant is entitled shall be tried as ordinary proceedings. All other appeals shall be triable in equity. The court may, in its discretion, order the consolidation for trial of two or more of such equitable cases.
[S13, §1989-a6, -a14, -a35; C24, 27, 31, 35, 39, §7522; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.101]
89 Acts, ch 126, §2
CS89, §468.91
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.92 - Conclusive presumption on appeal.

468.92 Conclusive presumption on appeal.
1. On the trial of an appeal from the action of the board in fixing and assessing the amount of benefits to any land within the district as established, it shall not be competent to show that any lands assessed for benefits within said district as established are not benefited in some degree by the construction of the said improvement.
2. An exception to the conclusiveness of an assessment under this section shall be in those cases where it has been determined under section 468.188 that land has later been deprived of benefits received by a division of the district by some other improvement.
[SS15, §1989-a12; C24, 27, 31, 35, 39, §7523; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.102]
89 Acts, ch 126, §2
CS89, §468.92
2019 Acts, ch 24, §104
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.93 - Order as to damages — duty of clerk.

468.93 Order as to damages — duty of clerk.
If the appeal is from the action of the board as to the amount of damages or compensation awarded, the amount found by the court shall be entered of record, but no judgment shall be rendered therefor. The amount thus ascertained shall be certified by the clerk of said court to the board of supervisors who shall thereafter proceed as if such amount had been by it allowed to the claimant.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7524; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.103]
89 Acts, ch 126, §2
CS89, §468.93
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.94 - Costs.

468.94 Costs.
Unless the result on the appeal is more favorable to the appellant than to the action of the board, all costs of the appeal shall be taxed to the appellant. If the result is more favorable to the appellant, the cost shall be taxed to the appellees.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7525; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.104]
89 Acts, ch 126, §2
CS89, §468.94
2017 Acts, ch 29, §135
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.95 - Decree as to establishing district or including lands.

468.95 Decree as to establishing district or including lands.
On appeal from the action of the board in establishing or refusing to establish said district, or in including land within the district, the court may enter such order or decree as may be equitable and just in the premises, and the clerk of said court shall certify the decree or order to the board of supervisors which shall proceed thereafter in said matter as if such order had been made by the board. The taxation of costs among the litigants shall be in the discretion of the court.
[S13, §1989-a6; C24, 27, 31, 35, 39, §7526; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.105]
89 Acts, ch 126, §2
CS89, §468.95
Referred to in §357.33, 468.126, 602.8102(65)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.96 - Appeal as exclusive remedy — nonappellants.

468.96 Appeal as exclusive remedy — nonappellants.
Upon appeal the decision of the court shall in no manner affect the rights or liabilities of any person who did not appeal. The remedy by appeal provided for in this subchapter, parts 1 through 5, shall be exclusive of all other remedies.
[S13, §1989-a46; C24, 27, 31, 35, 39, §7527; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.106]
89 Acts, ch 126, §2
CS89, §468.96
Referred to in §357.33, 468.126
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.97 - Reversal by court — rescission by board.

468.97 Reversal by court — rescission by board.
In any case where the decree has been entered setting aside the establishment of a drainage district for errors in the proceedings, and such decree becomes final, the board shall rescind its order establishing the drainage district, assessing benefits, and levying the tax based thereon, and shall also cancel any contract made for construction work or material, and shall refund any and all assessments paid.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7528; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.107]
89 Acts, ch 126, §2
CS89, §468.97
Referred to in §357.33, 468.126
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.98 - Setting aside establishment — procedure.

468.98 Setting aside establishment — procedure.
After the court on appeal has entered a decree revising or modifying the action of the board, the board shall fix a new date for hearing, and proceed in all particulars in the manner provided for the original establishment of the district, avoiding the errors and irregularities for which the original establishment was set aside, and after a valid establishment thereof, proceed in all particulars as provided by law in relation to the original establishment of such districts.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7529; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.108]
89 Acts, ch 126, §2
CS89, §468.98
Referred to in §357.33, 468.126
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.99 - Reassessment to cure illegality.

468.99 Reassessment to cure illegality.
Whenever any special assessment upon any lands within any drainage district shall have been adjudged to be void for any jurisdictional defect or for any illegality or uncertainty as to the terms of any contract and the improvement shall have been wholly completed, the board or boards of supervisors shall have power to remedy such illegality or uncertainty as to the terms of any such contract with the consent of the person with whom such contract shall have been entered into and make certain the terms of such contract and shall then cause a reassessment of such land to be made on an equitable basis with the other land in the district by taking the steps required by law in the making of an original assessment and relevying the tax in accordance with such assessment, and such tax shall have the same force and effect as though the board or boards of supervisors had jurisdiction in the first instance and no illegality or uncertainty existed in the contract.
[C24, 27, 31, 35, 39, §7530; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.109]
89 Acts, ch 126, §2
CS89, §468.99
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.100 - Monthly estimate — payment.

468.100 Monthly estimate — payment.
1. The supervising engineer shall, on or before the tenth day of each calendar month, furnish the contractor and file with the auditor estimates for work done during the preceding calendar month under the contract on each section, and the auditor shall at once draw warrants in favor of such contractor on the drainage funds of the district or give the contractor an order directing the county treasurer to deliver to the contractor or contractors improvement certificates, or drainage bonds as the case may be, for ninety percent of the estimate on work done. Such monthly estimates shall remain on file in the office of the auditor as a part of the permanent records of the district to which they relate. Drainage warrants, bonds, or improvement certificates when so issued shall be in such amounts as the auditor determines, not however, in amounts in excess of five thousand dollars.
2. All of the provisions of this section shall, when applicable, apply to repair work and improvement work in the same force and effect as to original construction.
[C97, §1944; S13, §1944, 1989-a9; C24, 27, 31, 35, 39, §7531; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.110]
89 Acts, ch 126, §2
CS89, §468.100
2014 Acts, ch 1022, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.101 - Completion of work — report — notice.

468.101 Completion of work — report — notice.
When the work to be done under a contract is completed to the satisfaction of the engineer in charge of construction, the engineer shall report and certify that the contract is completed to the board. Upon receipt of the report, the board shall set a day to consider the report and shall give notice of the time and purpose of the meeting by ordinary mail to the owners of the land on which the work was done, and to the owners of each tract of land or lot within the district by publication in a newspaper of general circulation in the county. The publication is not required to name the owners of any tract of land or lot within the district. The date for considering the report by the board shall be not less than ten days after the date of mailing, or publication, whichever is later.
[S13, §1989-a9; C24, 27, 31, 35, 39, §7532; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.111]
85 Acts, ch 163, §3; 86 Acts, ch 1099, §2; 89 Acts, ch 126, §2
CS89, §468.101
95 Acts, ch 47, §1
Referred to in §357.18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.102 - Objections.

468.102 Objections.
Any party interested in the said district or the improvement thereof may file objections to said report and submit any evidence tending to show said report should not be accepted. Any interested party having a claim for damages arising out of the construction of the improvement or repair shall file said claim with the board at or before the time fixed for hearing on the completion of the contract, which claim shall not include any claim for land taken for right-of-way or for severance of land.
[C24, 27, 31, 35, 39, §7533; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.112]
89 Acts, ch 126, §2
CS89, §468.102
Referred to in §357.18, 468.103
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.103 - Final settlement — claims for damages.

468.103 Final settlement — claims for damages.
1. If the board finds the work under any contract has been completed and accepted, the board shall compute the balance due, and if there are no liens on file against such balance, it shall enter of record an order directing the auditor to draw a warrant in favor of the contractor upon the levee or drainage fund of the district or give the contractor an order directing the county treasurer to deliver to the contractor improvement certificates or drainage bonds, as the case may be, for such balance found to be due, but such warrants, improvement certificates or bonds shall not be delivered to the contractor until the expiration of thirty days after the acceptance of the work.
2. If any claims for damages have been filed as provided in section 468.102, the board shall review and determine the claims. If the determination by the board on any claim for damages results in a finding by the board that the damages resulting to the claimant were due to the negligence of the contractor, then the board shall provide for payment of the claim out of the remaining funds owing to the contractor. If the determination by the board results in a finding that the damages resulting to the claimant were not due to the negligence of the contractor, but resulted from unavoidable necessity in the performance of the contract, then the board shall allow for payment of the claim in the amount fixed by the board out of the funds in the drainage district.
[C73, §1212; C97, §1944; S13, §1944, 1989-a9; C24, 27, 31, 35, 39, §7534; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.113]
89 Acts, ch 126, §2
CS89, §468.103
2016 Acts, ch 1011, §83
Filing of claims, §573.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.104 - Abandonment of work.

468.104 Abandonment of work.
In case any contractor abandons or fails to proceed diligently and properly with the work before completion, or in case the contractor fails to complete the same in the time and according to the terms of the contract, the board shall make written demand on the contractor and the contractor’s surety to proceed with the work within ten days. Service of said demand may be personal, or by certified mail addressed to the contractor and the surety, respectively, at their places of residence or business, as shown by the records in the auditor’s office.
[S13, §1944, 1989-a10; C24, 27, 31, 35, 39, §7535; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.114]
89 Acts, ch 126, §2
CS89, §468.104
Referred to in §357.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.105 - New contract — suit on bond.

468.105 New contract — suit on bond.
Unless the contractor or the surety on the contractor’s bond shall appear and in good faith proceed to comply with the demand, and resume work under the contract within the time fixed, the board shall proceed to let contracts for the unfinished work in the same manner as original contracts, and apply all funds not paid to the original contractor toward the completion of the work, and if not sufficient for such purpose, may cause suit to be brought upon the bond of the defaulting contractor for the benefit of the district, and the amount of recovery thereon shall be credited to the district.
[C73, §1212; C97, §1944; S13, §1944, 1989-a10; C24, 27, 31, 35, 39, §7536; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.115]
89 Acts, ch 126, §2
CS89, §468.105
Referred to in §357.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.106 - Construction on or along highway.

468.106 Construction on or along highway.
When a levee or drainage district shall have been established by the board and it shall become necessary or desirable that the levee, ditch, drain, or improvement shall be located and constructed within the limits of any public highway, it shall be so built as not materially to interfere with the public travel thereon.
[S13, §1989-a20; C24, 27, 31, 35, 39, §7537; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.116]
89 Acts, ch 126, §2
CS89, §468.106
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.107 - Establishment of highways.

468.107 Establishment of highways.
The board shall have power to establish public highways along and upon any levee or embankment along any such ditch or drain, but when so established the same shall be worked and maintained as other highways and so as not to obstruct or impair the levee, ditch, or drain.
[S13, §1989-a20; C24, 27, 31, 35, 39, §7538; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.117]
89 Acts, ch 126, §2
CS89, §468.107
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.108 - Bridges.

468.108 Bridges.
1. When a levee, ditch, drain, or change of any natural watercourse crosses a public highway, necessitating moving or building or rebuilding any secondary road bridge upon or ditch or drain crossing the road, the board of supervisors shall move, build, or rebuild the bridge, ditch, or drain, paying the costs and expenses, including construction, maintenance, repair and improvement costs, from county funds.
2. If the bridge or crossing is upon or across a primary or interstate road, the moving, building, or rebuilding work shall be done by the state department of transportation and paid for out of the primary road fund.
[S13, §1989-a19; C24, 27, 31, 35, 39, §7539; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.118]
83 Acts, ch 123, §184, 209; 89 Acts, ch 126, §2
CS89, §468.108
2019 Acts, ch 59, §155
Referred to in §331.429
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.109 - Construction across railroad.

468.109 Construction across railroad.
Whenever the board of supervisors shall have established any levee, or drainage district, or change of any natural watercourse and the levee, ditch, drain, or watercourse as surveyed and located crosses the right-of-way of any railroad company, the county auditor shall immediately cause to be served upon such railroad company, in the manner provided for the service of original notices, a notice in writing stating the nature of the improvement to be constructed, the place where it will cross the right-of-way of such company, and the full requirements for its complete construction across such right-of-way as shown by the plans, specifications, plat, and profile of the engineer appointed by the board, and directing such company to construct such improvement according to said plans and specifications at the place designated, across its right-of-way, and to build and construct or rebuild and reconstruct the necessary culvert or bridge where any ditch, drain, or watercourse crosses its right-of-way, so as not to obstruct, impede, or interfere with the free flow of the water therein, within thirty days from the time of the service of such notice upon it.
[S13, §1989-a18; C24, 27, 31, 35, 39, §7540; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.119]
89 Acts, ch 126, §2
CS89, §468.109
Referred to in §468.110, 468.112
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.110 - Duty to construct.

468.110 Duty to construct.
Upon receiving the notice provided in section 468.109, such railroad company shall construct the improvement across its right-of-way according to the plans and specifications prepared by the engineer for said district, and build or rebuild the necessary culvert or bridge and complete the same within the time specified.
[S13, §1989-a18; C24, 27, 31, 35, 39, §7541; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.120]
89 Acts, ch 126, §2
CS89, §468.110
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.111 - Bridges at natural waterway — costs.

468.111 Bridges at natural waterway — costs.
The cost of building, rebuilding, constructing, reconstructing, changing, or repairing, as the case may be, any culvert or bridge, when such improvement is located at the place of the natural waterway or place provided by the railroad company for the flow of the water, shall be borne by such railroad company without reimbursement therefor.
[S13, §1989-a18; C24, 27, 31, 35, 39, §7542; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.121]
89 Acts, ch 126, §2
CS89, §468.111
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.112 - Construction when company refuses.

468.112 Construction when company refuses.
If a railroad company does not comply with a notice provided in section 468.109, the board shall provide for the construction of the improvement under the supervision of the engineer in charge of the improvement. The railroad company shall be liable for the cost of the construction which shall be collected by the county on behalf of the district in any court having jurisdiction. The court may award a prevailing county reasonable attorney fees incurred by the county, to be paid by the railroad company and taxed as part of the costs of the action.
[S13, §1989-a18; C24, 27, 31, 35, 39, §7543; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.122]
89 Acts, ch 126, §2
CS89, §468.112
99 Acts, ch 184, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.113 - Cost of construction across railway.

468.113 Cost of construction across railway.
The cost of constructing the improvement across the right-of-way of such company, not including the cost of building or rebuilding and constructing or reconstructing any necessary culvert or bridge, when such improvement is located at the place of the natural waterway or place provided by the railroad company for the flow of the water, shall be considered as an element of such company’s damages by the appraiser to appraise damages.
[S13, §1989-a18; C24, 27, 31, 35, 39, §7544; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.123]
89 Acts, ch 126, §2
CS89, §468.113
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.114 - Passing drainage equipment across railway.

468.114 Passing drainage equipment across railway.
It shall be the duty of any steam or electric railway company to furnish the contractor unrestricted passage across its right-of-way, telegraph, telephone, and signal lines for the contractor’s machines and equipment, whenever recommended by the engineer and approved by the board of supervisors, and the cost thereof shall be considered as an element of such company’s damages by the appraisers thereof; provided that if such company shall fail to do so within thirty days after written notice from the auditor, the engineer shall cause the same to be done under the engineer’s direction and the company shall be liable for the cost thereof to be collected by the county in any court having jurisdiction. Provided, further, that the railway company shall have the right to designate the day and hours thereof within said period of thirty days above mentioned when such crossing shall be made.
[C24, 27, 31, 35, 39, §7545; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.124]
89 Acts, ch 126, §2
CS89, §468.114
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.115 - Passage across other public utilities.

468.115 Passage across other public utilities.
The owner or operator of a public utility, whether operated publicly or privately other than steam and electric railways shall afford the contractor of any drainage project under this subchapter, parts 1 through 5, unrestricted passage for the contractor’s machines and equipment across the right-of-way lines or other equipment of such utility whenever recommended by the engineer and approved by the board of supervisors.
[C24, 27, 31, 35, 39, §7546; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.125]
89 Acts, ch 126, §2
CS89, §468.115
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.116 - Failure to comply.

468.116 Failure to comply.
If the owner or operator of the utility fails to afford such passage within fifteen days after written notice from the drainage engineer so to do, the contractor, under the supervision of the engineer, may proceed to do the necessary work to afford such passage and to place said utility in the same condition as before said passage; but the owner or operator shall have the right to designate the hours of the day when such crossing or passage shall be made.
[C24, 27, 31, 35, 39, §7547; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.126]
89 Acts, ch 126, §2
CS89, §468.116
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.117 - Expenses attending passage.

468.117 Expenses attending passage.
The work necessary to afford such passage shall be deemed to be covered by and included in the contract with the district under which the contractor is operating, and if the work is done by the owner or operator of such utility the reasonable expense thereof shall be paid out of the drainage funds of the district and charged to the account of the contractor.
[C24, 27, 31, 35, 39, §7548; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.127]
89 Acts, ch 126, §2
CS89, §468.117
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.118 - Abandoned right-of-way.

468.118 Abandoned right-of-way.
1. If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use the right-of-way for a purpose other than for which it was originally acquired, the prior right or privilege of the drainage district to pass through the right-of-way of the railroad or utility shall become a permanent easement in favor of the drainage district for drainage purposes including the right of ingress and egress through adjacent property and the right of access for maintenance, repair, improvement and inspection. The permanent easement has the same dimensions as originally specified in the engineer’s report and survey, or as acquired by use or as subsequently acquired.
2. If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use the right-of-way for a purpose other than for which it was originally acquired in segments, each segment shall be assessed for benefits in the same proportion as the area of the segment bears to the area of the right-of-way through the forty-acre tract.
85 Acts, ch 163, §4
CS85, §455.127A
89 Acts, ch 126, §2
CS89, §468.118
2019 Acts, ch 59, §156
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.119 - Annexation of additional lands.

468.119 Annexation of additional lands.
1. After the establishment of a levee or drainage district, if the board becomes convinced that additional lands contiguous to the district, and without regard to county boundaries, are benefited by the improvement or that the same are then receiving benefit or will be benefited by a repair or improvement to said district as contemplated in section 468.126, it may adopt, with or without a petition from owners of the proposed annexed lands, a resolution of necessity for the annexation of such additional land and appoint an engineer with the qualifications provided in this subchapter, parts 1 through 5, to examine such additional lands, to make a survey and plat thereof showing their relation, elevation, and condition of drainage with reference to such established district, and to make and file with the auditor a report as in this subchapter, parts 1 through 5, provided for the original establishment of such district, said report to specify the character of the benefits received.
2. In the event the additional lands are a part of an existing drainage district, as an alternative procedure to that established by subsection 1, the lands may be annexed in either of the following methods:
a. (1) A petition, proposing that the lands be included in a contiguous drainage district and signed by at least twenty percent of the landowners of those lands to be annexed, shall be filed with the governing board of each affected district.
(2) The board of the district in which the lands are presently included may, at its next regular meeting or at a special meeting called for that purpose, adopt a resolution approving and consenting to the annexation.
b. Whenever the owners of all of the land proposed to be annexed file a petition with the governing boards of the affected districts, the consent of the board in which the lands are then located shall not be required to consent to the annexation, and the board of the annexing district may proceed as provided in this section.
3. If either method of annexation provided for in subsection 2 is completed, the board of the district to which the lands are to be annexed may adopt a resolution of necessity for the annexation of the additional lands, as provided in this section.
4. The right of remonstrance, as provided under section 468.28, does not apply to the owners of lands being involuntarily annexed to an established district.
[S13, §1989-a54; C24, 27, 31, 35, 39, §7549; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.128]
85 Acts, ch 163, §5; 89 Acts, ch 126, §2
CS89, §468.119
2009 Acts, ch 41, §140
Referred to in §468.121, 468.263, 468.269
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.120 - Proceedings on report.

468.120 Proceedings on report.
If the report recommends the annexation of the lands or any portion of them, the board shall consider the report, plats, and profiles and if satisfied that any of the lands are materially benefited by the district and that annexation is feasible, expedient, and for the public good, it shall proceed in all respects as to notice, hearing, appointment of appraisers to fix damages and as to hearing on the annexation; and if the annexation is finally made, as to classification and assessment of benefits to the annexed lands only, to the same extent and in the same manner as provided in the establishment of an original district. However, the annexation and classification of the annexed lands for benefits may be determined at one hearing. Those parties having an interest in the lands proposed to be annexed have the right to receive notice, to make objections, to file claims for damages, to have hearing, to take appeals and to do all other things to the same extent and in the same manner as provided in the establishment of an original district.
[S13, §1989-a54; C24, 27, 31, 35, 39, §7550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.129]
85 Acts, ch 163, §6; 89 Acts, ch 126, §2
CS89, §468.120
Referred to in §468.263, 468.269
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.121 - Levy on annexed lands.

468.121 Levy on annexed lands.
After annexation is made the board may levy upon the annexed lands an assessment sufficient to equal the assessments for benefit originally paid by the lands of equal classification if the finding by the board as provided by section 468.119 was that the lands should have been included in the district when originally established, plus their proportionate share of the costs of any enlargement or extension of drains required to serve the annexed lands. If the finding of the board as provided in section 468.119 was based on the fact that additional lands are now benefited by virtue of the repair, improvement, or the change of the topographical conditions made to the district and were not benefited by the district as originally established, then the board shall levy upon the annexed lands an assessment sufficient to pay their proportionate share of the costs of the repair or improvement which was the basis for the lands being annexed. If the board finds that the lands are presently receiving benefits from the district but that some were reasonably omitted from the original establishment because of the change of the topographical conditions, the assessments levied upon the annexed lands shall be limited to a proportionate share of the costs of current and future maintenance, repairs and improvements.
[S13, §1989-a54; C24, 27, 31, 35, 39, §7551; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.130]
85 Acts, ch 163, §7; 89 Acts, ch 126, §2
CS89, §468.121
Referred to in §468.263, 468.269
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.122 - Use of former and abandoned surveys.

468.122 Use of former and abandoned surveys.
In cases where proceedings have been taken for the establishment of a levee or drainage district and an engineer has been appointed who has made a survey, return, and plat thereof and for any reason the improvement has been abandoned and the proceedings dismissed, and afterward proceedings are instituted for the establishment of a levee or drainage district which will benefit any territory surveyed in said former proceedings, the engineer shall use so much of the return, levels, surveys, plat, and profile made in the former proceedings as may be applicable. The engineer shall specify in the engineer’s reports the parts thereof so used, and in case the cost of said returns, levels, surveys, plat, and profile made in said former proceedings has been paid by the former petitioners or their sureties, then a reasonable amount shall be allowed said petitioners or sureties for the use of the same.
[S13, §1989-a16; C24, 27, 31, 35, 39, §7552; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.131]
89 Acts, ch 126, §2
CS89, §468.122
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.123 - Unsuccessful procedure — reestablishment.

468.123 Unsuccessful procedure — reestablishment.
When proceedings have been instituted for the establishment of a drainage district or for any change or repair thereof, or the change of a natural watercourse, and the establishment thereof has failed for any reason either before or after the improvement is completed, the board shall have power to reestablish such district or improvement and any new improvement in connection therewith as recommended by the report of the engineer. As to all lands benefited by such reestablishment, repair, or improvement, the board shall proceed in the same manner as in the establishment of an original district, using as a basis for assessment the entire cost of the proceedings, improvement, and maintenance from the beginning; but in awarding damages and in the assessment of benefits account shall be taken of the amount of damages and taxes, if any, theretofore paid by those benefited, and credit therefor given accordingly. All other proceedings shall be the same as for the original establishment of the district, making of improvements, and assessment of benefits.
[S13, §1989-a17, -a50; C24, 27, 31, 35, 39, §7553; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.132]
89 Acts, ch 126, §2
CS89, §468.123
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.124 - New district including old district.

468.124 New district including old district.
If any levee or drainage district or improvement established either by legal proceedings or by private parties shall be insufficient to properly drain all of the lands tributary thereto, the board upon petition as for the establishment of an original levee or drainage district, shall have power to establish a new district covering and including such old district or improvement together with any additional lands deemed necessary. All outstanding indebtedness of the old levee or drainage district shall be assessed only against the lands included therein.
[S13, §1989-a25; C24, 27, 31, 35, 39, §7554; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.133]
89 Acts, ch 126, §2
CS89, §468.124
Referred to in §468.125
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.125 - Credit for old improvement.

468.125 Credit for old improvement.
When such district as contemplated in section 468.124 and the new improvement therein shall include the whole or any part of the former improvement, the commissioners, for classification of lands for assessment of benefits and apportionment of costs and expenses of such new improvement, shall take into consideration the value of such old improvement in the construction of the new one and allow proper credit therefor to the parties owning the old improvement as their interests may appear. In all other respects the same proceedings shall obtain as are provided for the original establishment of levee and drainage districts.
[S13, §1989-a25; C24, 27, 31, 35, 39, §7555; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.134]
89 Acts, ch 126, §2
CS89, §468.125
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.127 - Payment.

468.127 Payment.
1. The costs of the repair or improvements provided for in section 468.126 shall be paid for out of the funds of the levee or drainage district. If the funds on hand are not sufficient to pay such expenses, the board within two years shall levy an assessment sufficient to pay the outstanding indebtedness and leave the balance which the board determines is desirable as a sinking fund to pay maintenance and repair expenses. Any assessment made under this section on any tract, parcel or lot within the district which is computed at less than five dollars shall be fixed at the sum of five dollars.
2. If the board deems that the costs of the repairs or improvements will create assessments against the lands in the district greater than should be borne in one year, the board may levy the assessment at one time and provide for the payment of the costs and assessments in the manner provided in sections 468.57 through 468.61; provided that assessments may be collected in not more than twenty installments as the board may determine.
[S13, §1989-a21; C24, 27, 31, 35, 39, §7557; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.136]
89 Acts, ch 126, §2
CS89, §468.127
94 Acts, ch 1051, §9; 98 Acts, ch 1048, §1; 2019 Acts, ch 59, §157
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.128 - Impounding areas and erosion control devices.

468.128 Impounding areas and erosion control devices.
Levee and drainage districts are empowered to construct impounding areas and other flood and erosion control devices to protect lands of the district and drainage structures and may provide ways for access to improvements for the operation or protection thereof, where the cost is not excessive in consideration of the value to the district. Necessary lands or easements may be acquired within or without the district by purchase, lease or agreement, or by exercise of the right of eminent domain as provided for in chapter 6B and may be procured and construction undertaken either independently or in cooperation with other districts, individuals, or any federal or state agency or political subdivision.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.137]
89 Acts, ch 126, §2
CS89, §468.128
2006 Acts, 1st Ex, ch 1001, §44, 49
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.129 - Revenues used for operation, maintenance, and construction.

468.129 Revenues used for operation, maintenance, and construction.
Levee and drainage districts may realize income from incidental uses of their improvements and rights-of-way which are not injurious to same or incompatible with the purposes of the district. Revenues derived therefrom may be expended for operating, maintenance or construction costs of the district as its governing body may elect.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.138]
89 Acts, ch 126, §2
CS89, §468.129
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.130 - City may discharge treated sewage.

468.130 City may discharge treated sewage.
Any board, as defined in section 468.3, may by contract permit any city to discharge adequately treated sewage into drainage ditches. The contract shall fix the rental, make provision for termination, and shall provide that no nuisance shall be created.
[C58, 62, 66, 71, 73, §393.12; C75, 77, 79, 81, §455.139]
89 Acts, ch 126, §2
CS89, §468.130
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.131 - Reclassification required.

468.131 Reclassification required.
When an assessment for improvements as provided in section 468.126, exceeds twenty-five percent of the original assessment and the original or subsequent assessment or report of the benefit commission as confirmed did not designate separately the amount each tract should pay for the main ditch and tile lateral drains then the board shall order a reclassification in accordance with the principles and rules set forth in section 468.41.
[C24, 27, 31, 35, 39, §7562; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.141]
89 Acts, ch 126, §2
CS89, §468.131
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.132 - Improvement of common outlet — notice of hearing.

468.132 Improvement of common outlet — notice of hearing.
When two or more drainage districts outlet into the same ditch, drain, or natural watercourse and the board determines that it is necessary to clean out, deepen, enlarge, extend, or straighten said ditch, drain, or natural watercourse in order to expeditiously carry off the combined waters of such districts, the board may proceed as provided in section 468.126. After said board has decided that such work should be done, it shall fix a date for hearing on its decision, and it shall give two weeks’ notice thereof by certified mail to the auditor of the county wherein the land to be assessed for such work is located, and said county auditor shall thereupon immediately notify by certified mail the board or boards of trustees of the districts having supervision thereof, as to said hearing on said contemplated work. In those instances where two or more districts involved are under the supervision of the same board, or joint board if the district is intercounty, the notice shall be given to all landowners affected as prescribed for in sections 468.14 through 468.18. Each district shall be assessed for the cost of such work in proportion to the benefits derived. Common outlet for the purpose of this section shall mean an outlet where two adjacent districts have an outlet common to both of said districts and which districts are also contiguous, one to the other.
[S13, §1989-a24; C24, 27, 31, 35, 39, §7563; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.142]
89 Acts, ch 126, §2
CS89, §468.132
Referred to in §468.126
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.133 - Commissioners to apportion benefits — interest prohibited.

468.133 Commissioners to apportion benefits — interest prohibited.
1. For the purpose of ascertaining the proportionate benefits, the board shall appoint commissioners having the qualifications of benefit commissioners, one of whom shall be an engineer. The commissioners who are appointed shall not be residents of any of the districts affected, nor shall any member of the commission have any interest in land in any districts affected by the contemplated work. The commission shall determine the percentage of benefits and the sum total to be assessed to each district for the improvement.
2. In the event that one of the districts to be assessed under this section shall have any improvement such as a settling basin which reduces the quality and quantity of flow or sediment, such commission may give consideration to the existence of such an improvement when they determine the percentage of benefits and the sum total to be assessed to each district for the improvement.
[C24, 27, 31, 35, 39, §7564; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.143]
89 Acts, ch 126, §2
CS89, §468.133
2019 Acts, ch 59, §158
Referred to in §468.135