reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.327 - Trustee control.

468.327 Trustee control.
A district formed pursuant to this part, under the control of a city council, may be placed under the control and management of a board of trustees as provided in subchapter III of this chapter. Each trustee shall be a citizen of the United States not less than eighteen years of age and a bona fide owner of benefited land in the district for which the trustee is elected. If the owner is a family farm corporation as defined by section 9H.1, subsection 9, a business corporation organized and existing under chapter 490 or 491, or a partnership, a stockholder or officer authorized by the corporation or a general partner may be elected as a trustee of the district.
84 Acts, ch 1040, §1
C85, §459.13
89 Acts, ch 126, §2
CS89, §468.327
90 Acts, ch 1205, §14; 93 Acts, ch 126, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.335 - Establishment.

468.335 Establishment.
Whenever, in the opinion of the board of supervisors, it is necessary to drain any part of any public highway under its jurisdiction, and any land abutting upon or adjacent thereto, it may proceed without petition or bond to establish a highway drainage district by proceeding in all other respects as provided in subchapter I, parts 1 through 5.
[SS15, §1989-b, -b2 – b6, -b8, -b12, -b13; C24, 27, 31, 35, 39, §7638; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.1]
89 Acts, ch 126, §2
CS89, §468.335
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.336 - Powers.

468.336 Powers.
Such district, when established, shall have the powers granted to drainage and levee districts, and all parties interested shall have the same rights so far as applicable.
[SS15, §1989-b, -b2 – b6, -b8, -b12, -b13; C24, 27, 31, 35, 39, §7639; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.2]
89 Acts, ch 126, §2
CS89, §468.336
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.337 - Initiation without petition.

468.337 Initiation without petition.
When the board of supervisors determines on its own action to proceed to the establishment of a highway drainage district, it shall do so by the adoption of a resolution of necessity to be placed upon its records, in which it shall describe in a general way the portion of any highway or highways to be included in such district, together with the description of abutting or adjacent land and railroad rights-of-way to be included in such district and made subject to assessment for such improvement.
[SS15, §1989-b; C24, 27, 31, 35, 39, §7640; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.3]
89 Acts, ch 126, §2
CS89, §468.337
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.338 - Engineer.

468.338 Engineer.
The board shall appoint a competent engineer for the district. If the county engineer is appointed, the engineer shall serve without additional compensation. In no case shall the county engineer act as a member of the assessment commission in a drainage district provided for in this part.
[SS15, §1989-b, -b11; C24, 27, 31, 35, 39, §7641; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.4]
89 Acts, ch 126, §2
CS89, §468.338
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.339 - Survey and report.

468.339 Survey and report.
The engineer shall make a survey of the proposed district and report the same to the board, being governed in all respects as provided by sections 468.11 and 468.12 and designate particularly any portion of the secondary road system, or the primary road system, or any portion of either or both of said systems, as well as all lands adjoining and adjacent thereto, including lands and rights-of-way of railway companies which in the engineer’s judgment will be benefited by drainage of highways in such district, and which should be embraced within the boundaries of such district.
[SS15, §1989-b1; C24, 27, 31, 35, 39, §7642; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.5]
89 Acts, ch 126, §2
CS89, §468.339
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.340 - Assessment — report.

468.340 Assessment — report.
The commission for assessment of benefits and classification of the property assessed shall determine and report:
1. The separate amount which shall be paid by the county on account of the secondary road system.
2. The separate amount which shall be paid by the state on account of the primary road system.
3. The amounts which shall be assessed against the right-of-way or other real estate of each railway company within such district.
4. The amounts which shall be assessed against each forty-acre tract or less within such district.
[SS15, §1989-b5; C24, 27, 31, 35, 39, §7643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.6]
89 Acts, ch 126, §2
CS89, §468.340
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.341 - Advanced payments.

468.341 Advanced payments.
The board on construction of the improvement may advance that portion to be collected by special assessment, the amount so advanced to be replaced as the first special assessments are collected. The board may in lieu of making advancements, issue warrants to be known as “Drainage Warrants”, the warrants to bear interest at a rate not exceeding that permitted by chapter 74A payable annually from the date of issue and to be paid out of the special assessments levied, when they are collected.
[SS15, §1989-b7; C24, 27, 31, 35, 39, §7644; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.7]
83 Acts, ch 123, §186, 209; 89 Acts, ch 126, §2
CS89, §468.341
Referred to in §331.429
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.342 - Payment from road funds.

468.342 Payment from road funds.
The amount fixed by the final order of the board of supervisors to be paid:
1. On account of the primary road system, shall be payable by the state department of transportation on due certification of the amount by the county treasurer to the state department of transportation out of the primary road fund.
2. On account of the secondary road system, is payable from county funds.
[SS15, §1989-b5; C24, 27, 31, 35, 39, §7645; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.8]
83 Acts, ch 123, §187, 209; 89 Acts, ch 126, §2
CS89, §468.342
Referred to in §331.429
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.343 - Dismissal — costs.

468.343 Dismissal — costs.
If such proceedings are dismissed or said improvement abandoned, all costs of such proceedings shall be paid out of the fund of the road system for the benefit of which said proceeding was initiated.
[SS15, §1989-b10; C24, 27, 31, 35, 39, §7646; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.9]
89 Acts, ch 126, §2
CS89, §468.343
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.344 - Condemnation of right-of-way.

468.344 Condemnation of right-of-way.
When in the judgment of the board of supervisors, it is inadvisable to establish a drainage district but necessary to acquire right-of-way through private lands for the construction of ditches or drains as outlets for the drainage of highways, the board of supervisors may cause such right-of-way to be condemned by proceedings in the manner required for the exercise of the right of eminent domain as for works of internal improvement, except that no attorney fee shall be taxed, and pay the costs and expense of such condemnation from either or both of said secondary road funds.
[S13, §1989-a43; C24, 27, 31, 35, 39, §7647; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.10]
89 Acts, ch 126, §2
CS89, §468.344
Condemnation procedure, chapter 6B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.345 - Laws applicable.

468.345 Laws applicable.
All proceedings for the construction and maintenance of highway drainage districts except as provided for in this chapter shall be as provided for in subchapter I, parts 1 through 5, and subchapter II, parts 1 through 3.
[C24, 27, 31, 35, 39, §7648; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.11]
83 Acts, ch 101, §98; 89 Acts, ch 126, §2
CS89, §468.345
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.346 - Removal of trees from highway.

468.346 Removal of trees from highway.
When the roots of trees located within a highway obstruct the ditches or tile drains of such highway, the board of supervisors shall remove such trees from highways, except shade or ornamental trees adjacent to a dwelling house or other farm buildings or feedlots, or any tree or trees for windbreaks upon cultivated lands consisting of sandy or other light soils.
[C24, 27, 31, 35, 39, §7649; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.12]
89 Acts, ch 126, §2
CS89, §468.346
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.347 - Trees outside of highways.

468.347 Trees outside of highways.
When the roots of trees and hedges growing outside a highway obstruct the ditches or tile drains of any highway, the board of supervisors may acquire the right to destroy such trees in the manner provided for taking private property for public use. Ornamental trees adjacent to any dwelling, orchard trees and trees used as windbreaks for a dwelling house, outbuildings, barn or feedlots, shall be exempt from the provisions of this section.
[C24, 27, 31, 35, 39, §7650; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §460.13]
89 Acts, ch 126, §2
CS89, §468.347
Condemnation procedure, chapter 6B
Similar provision, §468.139
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.355 - Authorization.

468.355 Authorization.
The board of supervisors of any county or counties in which a drainage or levee district has been organized as by law provided, may establish and maintain a pumping station or stations, when and where the same may be necessary to secure a proper outlet for the drainage of the land comprising the district or any portion thereof, and the cost of construction and maintenance of said pumping station or stations shall be levied upon and collected from the lands in the district benefited by such pumping station or stations, in the same manner as provided for in the construction and maintenance of said districts.
[S13, §1989-a49, -a52; C24, 27, 31, 35, 39, §7651; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.1]
89 Acts, ch 126, §2
CS89, §468.355
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.356 - Petition — procedure — emergency pumping station.

468.356 Petition — procedure — emergency pumping station.
1. A pumping station shall not be established or maintained unless a petition shall be presented to the board signed by not less than one-third of the owners of lands benefited by the establishment of a pumping station. The lands benefited by a pumping station shall be determined by the board on the petition and report of the engineer, and such other evidence as the board may hear. No additional land shall be taken into any such drainage district after the improvements in the district have been substantially completed, unless one-third of the owners of the land proposed to be annexed have petitioned or consented in writing to the annexation.
2. However, the board of supervisors may install a temporary portable pumping station to remove flood waters in an emergency. The board of supervisors shall levy and collect the cost of the purchase, operation, and maintenance of the pumping station from the lands in the district benefited by the pumping station in the same manner as provided for in the construction and maintenance of a drainage or levee district. For the purpose of this subsection, an emergency occurs when ponded or standing water does not freely flow to the outlet ditch and the capacity of the outlet ditch is not fully used.
[S13, §1989-a49; C24, 27, 31, 35, 39, §7652; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.2]
85 Acts, ch 166, §1; 89 Acts, ch 126, §2
CS89, §468.356
2019 Acts, ch 59, §162
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.357 - Additional pumping station.

468.357 Additional pumping station.
After the establishment of a drainage district, including a pumping plant, and before the completion of the improvement therein, the board or boards may, if deemed necessary to fully accomplish the purposes of said improvement, by resolution authorize the establishment and maintenance of such additional pumping station or stations as the engineer may recommend, and if a petition is filed by one-third of the owners of land within such district asking the establishment of such pumping plant or plants, the board or boards must direct the engineer to investigate the advisability of the establishment thereof and upon the report of said engineer the board or boards shall determine whether such additional pumping plant or plants shall be established.
[C24, 27, 31, 35, 39, §7653; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.3]
89 Acts, ch 126, §2
CS89, §468.357
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.358 - Transfer of pumps.

468.358 Transfer of pumps.
If the board or boards determine that additional pumping plant or plants shall be established and maintained, a pump or pumps may be removed from any pumping station already established and may be installed in any such additional plant, if such removal can be made without injuring the efficient operation of the plant from which removed.
[C24, 27, 31, 35, 39, §7654; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.4]
89 Acts, ch 126, §2
CS89, §468.358
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.359 - Costs.

468.359 Costs.
1. The cost of the establishment of such additional pumping plant or plants shall be paid in the same manner and upon the same basis as is provided for the cost of the original improvement.
2. The board of supervisors or the board of trustees, as the case may be, where the district has been established and the original improvement constructed, may proceed with the further improvement of the original project in the manner provided in section 468.126, provided, however, that the cost of such further improvement does not exceed twenty-five percent of the sum of the original cost to the district and the cost of subsequent improvements, including all federal contributions.
3. For the purpose of this section the word “improvement” shall include the construction, reconstruction, enlargement and relocation of levees and acquisition of rights-of-way therefor.
[C24, 27, 31, 35, 39, §7655; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.5]
89 Acts, ch 126, §2
CS89, §468.359
2011 Acts, ch 25, §124
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.360 - Dividing districts.

468.360 Dividing districts.
When a drainage district has been created and more than one pumping plant is established therein, the board or boards of supervisors may, and upon petition of one-third of the owners of land within said district shall, appoint an engineer to investigate the advisability of dividing said district into two or more districts so as to include at least one pumping plant in each of such districts.
[C24, 27, 31, 35, 39, §7656; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.6]
89 Acts, ch 126, §2
CS89, §468.360
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.361 - Notice — publication.

468.361 Notice — publication.
If the engineer recommends such division the board of supervisors shall fix a time for hearing upon the question of such division and shall publish notice directed to all whom it may concern of the time and place of such hearing, for the time and in the manner as is required for the publication of notice of the establishment of said district, except that said notice need not name the owners and lienholders.
[C24, 27, 31, 35, 39, §7657; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.7]
89 Acts, ch 126, §2
CS89, §468.361
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.362 - Hearing — jurisdiction of divided districts.

468.362 Hearing — jurisdiction of divided districts.
At the time fixed, the board shall determine the advisability of such division and shall make such order with reference thereto as shall be deemed proper, having consideration for the interests of all concerned. If such division is made, the board or boards having jurisdiction of the original district shall retain jurisdiction of the new districts created by such division for the purpose of collecting assessments theretofore made and making such additional assessments as are necessary to pay the obligations theretofore contracted. For all other purposes, each division shall be under the jurisdiction of the board or boards of supervisors which would have had jurisdiction thereof if originally established as an independent district.
[C24, 27, 31, 35, 39, §7658; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.8]
89 Acts, ch 126, §2
CS89, §468.362
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.363 - Division in other cases.

468.363 Division in other cases.
After a levee or drainage district operating a pumping plant shall have been established and the improvement constructed and accepted, if it shall become apparent that the lands can be more effectually drained, managed, or controlled by a division thereof, then the said board or boards, or trustees, may, and if the district is divided by a stream, they shall, divide the district.
[C24, 27, 31, 35, 39, §7659; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.9]
89 Acts, ch 126, §2
CS89, §468.363
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.364 - Assessments not affected — maintenance tax.

468.364 Assessments not affected — maintenance tax.
Each district after the division shall be conducted as though established originally as a district. Nothing herein shall affect the legality or collection of any assessments levied before the division; but the maintenance tax, if any, shall be divided in proportion to the amount paid in by each district.
[C24, 27, 31, 35, 39, §7660; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.10]
89 Acts, ch 126, §2
CS89, §468.364
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.365 - Election and apportionment of trustees.

468.365 Election and apportionment of trustees.
If said district, before the division was made, was under the control and management of trustees, then each trustee shall continue to serve in the district in which the trustee is situated, and other trustees shall be elected in each new district. The election for said new trustees shall be called by the old board of trustees in each district within ten days after said division is made and shall be conducted as provided for the election of trustees.
[C24, 27, 31, 35, 39, §7661; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.11]
89 Acts, ch 126, §2
CS89, §468.365
Election of trustees and management of districts, subchapter III
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.366 - Settling basin — condemnation.

468.366 Settling basin — condemnation.
If, before a district operating a pumping plant is completed and accepted, it appears that portions of the lands within said district are wet or nonproductive by reason of the floods or overflow waters from one or more streams running into, through, or along said district and that said district or some other district of which such district shall have formed a part, shall have provided a settling basin to care for the said floods and overflow waters of said stream or watercourse, but no channel to said settling basin has been provided, said board or boards are hereby empowered to lease, buy, or condemn the necessary lands within or without the district for such channel. Proceedings to condemn shall be as provided in chapter 6B for the exercise of the right of eminent domain.
[C24, 27, 31, 35, 39, §7662; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.12]
89 Acts, ch 126, §2
CS89, §468.366
2006 Acts, 1st Ex, ch 1001, §46, 49
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.367 - Funding bonds.

468.367 Funding bonds.
When the owners of ten percent of the land in a drainage or levee district having and operating a pumping station shall petition the board of supervisors to extend the time of payment of the taxes assessed against the lands within said district for a period not exceeding twenty years, under such rules and regulations as said board may direct, the interest on such assessments to be paid annually the same as other taxes levied against the property, not less than one-twentieth of the principal of said extended tax to be paid each year until the entire tax is paid, and the lien of such tax to continue until fully paid, the board of supervisors may settle, adjust, renew, or extend the legal indebtedness of such district as shown by the assessments levied against the lands therein whether evidenced by certificates, warrants, bonds, or judgments by refunding all such indebtedness and issuing coupon bonds therefor when such indebtedness amounts to one thousand dollars or upwards, but for no other purpose.
[C24, 27, 31, 35, 39, §7663; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.13]
89 Acts, ch 126, §2
CS89, §468.367
Referred to in §468.80
Refunding bonds, subchapter IV, part 1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.368 - Form of bonds.

468.368 Form of bonds.
Such bonds shall be issued in sums of not less than one hundred dollars or more than one thousand dollars each, running not more than twenty years, bearing interest not exceeding that permitted by chapter 74A, payable annually or semiannually, and shall be substantially in the form provided by law for funding bonds issued for drainage purposes.
[C24, 27, 31, 35, 39, §7664; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.14]
89 Acts, ch 126, §2
CS89, §468.368
Form of bond, §468.75
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.369 - Formal execution.

468.369 Formal execution.
Such bonds shall be numbered consecutively, signed by the chairperson of the board of supervisors, attested by the county auditor. The interest coupons attached thereto shall be executed in the same manner.
[C24, 27, 31, 35, 39, §7665; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.15]
89 Acts, ch 126, §2
CS89, §468.369
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.370 - Resolution — requisites — record.

468.370 Resolution — requisites — record.
All bonds issued under the provisions of this part shall be issued pursuant to and in conformity with a resolution adopted by the board of supervisors, which shall specify the amount authorized to be issued, the purpose for which issued, the rate of interest they shall bear and whether payable annually or semiannually, the place where the principal and interest shall be payable and when it becomes due, and such other provisions not inconsistent with law in reference thereto as the board of supervisors shall think proper, which resolution shall be entered of record upon the minutes of the proceedings of the said board and a complete copy thereof printed on the back of each bond, which resolution shall constitute a contract between the drainage district and the purchasers or holders of said bonds.
[C24, 27, 31, 35, 39, §7666; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.16]
89 Acts, ch 126, §2
CS89, §468.370
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.371 - Registration.

468.371 Registration.
When bonds have been executed as provided in this part they shall be delivered to the county treasurer and the treasurer’s receipt taken for each bond. The county treasurer shall register each bond in a book provided for that purpose, which shall show the number of each bond, its date, date of sale, amount, date of maturity, and the name and address of the purchaser, and if exchanged what evidences of debt were received for each bond. The record shall at all times be open to the inspection of the owners of property within the district. The treasurer shall certify on the back of each bond as follows:
This bond duly and properly registered in my office this ................ day of ........................ (month), ............ (year).
............................................
Treasurer of the County of
............................................
[C24, 27, 31, 35, 39, §7667; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.17]
89 Acts, ch 126, §2
CS89, §468.371
2000 Acts, ch 1058, §56; 2021 Acts, ch 80, §306
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.372 - Liability of treasurer — reports.

468.372 Liability of treasurer — reports.
The treasurer shall stand charged on the treasurer’s official bond with all bonds so delivered to the treasurer and the proceeds thereof. The treasurer shall report under oath to the board of supervisors, at each first regular session thereof in each month, a statement of all such bonds sold or exchanged by the treasurer since the treasurer’s last report and the date of such sale or exchange and when exchanged a description of the indebtedness for which exchanged.
[C24, 27, 31, 35, 39, §7668; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.18]
89 Acts, ch 126, §2
CS89, §468.372
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.373 - Sale — application of proceeds.

468.373 Sale — application of proceeds.
The county treasurer shall, under a resolution and the direction of the said county board of supervisors, sell the bonds for cash on the best available terms or exchange them on like terms for a legal indebtedness of the said district evidenced by bonds, warrants, or judgments outstanding at the date of the passage of the resolution authorizing the issue thereof, and the proceeds shall be applied and exclusively used for the purpose for which said bonds are issued. In no case shall they be sold or exchanged for a less sum than their face value and all interest accrued at the date of sale or exchange. After registration the treasurer shall deliver said bonds to the purchaser thereof and when exchanged for indebtedness of said district shall at once cancel all warrants or bonds or secure proper credits therefor on judgments.
[C24, 27, 31, 35, 39, §7669; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.19]
89 Acts, ch 126, §2
CS89, §468.373
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.374 - Levy.

468.374 Levy.
Drainage districts issuing funding or refunding bonds under this part shall levy taxes for the payment of the principal and interest thereof, where there has not been a prior levy covering same, in accordance with the provisions of the law relating to taxation.
[C24, 27, 31, 35, 39, §7670; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.20]
89 Acts, ch 126, §2
CS89, §468.374
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.375 - Refunding bonds.

468.375 Refunding bonds.
Refunding bonds for the purposes set out in this part may be issued to pay off and take up bonds issued in payment for drainage improvements under prior laws or to refund any part thereof. Bonds thus issued shall substantially conform to the provisions of the law relating to drainage bonds and the face amount thereof shall be limited to the amount of the unpaid assessments, with interest thereon, applicable to the payment of the bonds so taken up.
[C24, 27, 31, 35, 39, §7671; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.21]
89 Acts, ch 126, §2
CS89, §468.375
2016 Acts, ch 1073, §135
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.376 - Funds available to pay bonds.

468.376 Funds available to pay bonds.
1. When refunding bonds shall be issued to pay for drainage improvements under the provisions of this part, all special assessments, taxes, and sinking funds applicable to the payment of such bonds previously issued shall be applicable in the same manner and the same extent to the payment of the refunding bonds issued under this part, and all the powers and duties to levy and collect special assessments and taxes or create liens upon property shall continue until all refunding bonds shall be paid.
2. The drainage district shall collect the special assessments out of which the said bonds are payable and hold the special assessments separate and apart in trust for the payment of the refunding bonds but the provisions of this part shall not apply to assessments or bonds adjudicated to be void.
[C24, 27, 31, 35, 39, §7672; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.22]
89 Acts, ch 126, §2
CS89, §468.376
2019 Acts, ch 59, §163
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.377 - Limitation of actions.

468.377 Limitation of actions.
No action shall be brought questioning the validity of any of the bonds authorized by this part from and after three months from the time the same are ordered issued by the proper authorities.
[C24, 27, 31, 35, 39, §7673; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.23]
89 Acts, ch 126, §2
CS89, §468.377
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.378 - Bankruptcy proceedings.

468.378 Bankruptcy proceedings.
All drainage districts with pumping plant and levee, which have power to incur indebtedness, through action of their own governing bodies are hereby authorized to proceed under and take advantage of all laws enacted by the Congress of the United States under the federal bankruptcy powers, which laws have for their object the relief of municipal indebtedness, including 48 Stat. 345, entitled “An Act To Amend An Act Entitled ‘An Act To Establish A Uniform System Of Bankruptcy Throughout The United States’, Approved July 1, 1898, And Acts Amendatory Thereof And Supplementary Thereto”, approved May 24, 1934, and the officials and governing bodies of such drainage, pumping plant, and levee districts are authorized to adopt all proceedings and to do any and all acts necessary or convenient to fully avail such drainage, pumping plant, and levee districts of the provisions of such Acts of Congress.
[C35, §7673-g1; C39, §7673.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.24]
89 Acts, ch 126, §2
CS89, §468.378
2006 Acts, ch 1010, §122
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.379 - Part applicable to districts with pumping stations.

468.379 Part applicable to districts with pumping stations.
The provisions of this part so far as applicable shall apply to all levee districts maintaining levees for the protection of any drainage district or districts having pumping stations.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §461.25]
89 Acts, ch 126, §2
CS89, §468.379
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.380 - Construction near levee prohibited.

468.380 Construction near levee prohibited.
No person, firm or corporation shall hereafter erect, alter, or maintain any building or other structure, except necessary public utility structures, or construct, alter, or maintain any ditch, or remove any earth within three hundred feet of the center line of any levee maintained by a drainage or levee district with pumping stations without first securing permission to so do from the governing board of said drainage or levee district with pumping stations. Such permission may be granted at any regular meeting thereof, and after written application is made therefor upon the form prescribed by said governing board.
[C62, 66, 71, 73, 75, 77, 79, 81, §461.26]
89 Acts, ch 126, §2
CS89, §468.380
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.381 - Penalty.

468.381 Penalty.
Every person who violates any provisions of this part is guilty of a simple misdemeanor punishable by a fine of not more than one hundred dollars, and in default of payment thereof, by imprisonment in the county jail for not more than thirty days.
[C62, 66, 71, 73, 75, 77, 79, 81, §461.27]
89 Acts, ch 126, §2
CS89, §468.381
2022 Acts, ch 1021, §120
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.382 - Action to restrain or abate.

468.382 Action to restrain or abate.
In the event that any building or other structure, or any ditch is constructed, altered or maintained, or any earth removed in violation of any provisions of this part, the governing board of said drainage or levee district with pumping stations maintaining said levee, may institute an appropriate action or proceeding to prevent such unlawful construction, alteration, or maintenance, or earth removal and to restrain, correct, or abate such violation, and may by petition duly verified, setting forth the facts, apply to the district court for an order enjoining all persons, firms or corporations from such construction, alteration, maintenance, or earth removal, until the entry of the final judgment or order.
[C62, 66, 71, 73, 75, 77, 79, 81, §461.28]
89 Acts, ch 126, §2
CS89, §468.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.383 - Liability for damage.

468.383 Liability for damage.
In addition to all other penalties contained herein, any person, firm or corporation who shall construct, alter or maintain any building, other structure, or any ditch, or remove earth, in violation of this part, shall be liable to the drainage or levee district with pumping stations maintaining said levee, for all damage sustained by the drainage or levee district resulting from the violation, and in the event of flood, or other emergency so declared by resolution of the governing body, any building or other structure, or ditch so constructed without permission of the governing board, as required herein, and within three hundred feet of the center line of any levee, may be removed, or the ditch filled in, without prior notice thereof to the owner.
[C62, 66, 71, 73, 75, 77, 79, 81, §461.29]
89 Acts, ch 126, §2
CS89, §468.383
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.390 - United States levees — cooperation of board.

468.390 United States levees — cooperation of board.
In any case where the United States has built or shall build a levee along or near the bank of a navigable stream forming a part of the boundary of this state, the board of supervisors of any county through which the same may pass shall have the power to aid in procuring the right-of-way for and maintaining said levee, and providing a system of internal drainage made necessary or advisable by the construction thereof. Such improvement shall be presumed to be conducive to the public health, convenience, welfare, or utility.
[C97, §1975; C24, 27, 31, 35, 39, §7744; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.1]
89 Acts, ch 126, §2
CS89, §468.390
Referred to in §468.391, 468.396
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.391 - Manner of cooperation.

468.391 Manner of cooperation.
Any United States government levee under the conditions mentioned in section 468.390 may be taken into consideration by the board as a part of the plan of any levee or drainage district and improvements therein, and such board may, by agreement with the proper authorities of the United States government, provide for payment of such just and equitable portion of the costs of procuring the right-of-way and maintenance of such levee as shall be conducive to the public welfare, health, convenience, or utility.
[C97, §1975; C24, 27, 31, 35, 39, §7745; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.2]
89 Acts, ch 126, §2
CS89, §468.391
Referred to in §468.396
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.392 - Report of engineer — payment authorized.

468.392 Report of engineer — payment authorized.
In the proceedings to establish such a district the engineer shall set forth in the engineer’s report, separately from other items, the amount of the cost for the right-of-way of such levee, of constructing and maintaining the same; and if the plan is approved and the district finally established in connection with such levee, the board shall make a record of any such cooperative arrangement and may use such part of the funds of the district as may be necessary to pay the amount so agreed upon toward the right-of-way and maintenance of such levee.
[C97, §1976; C24, 27, 31, 35, 39, §7746; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.3]
89 Acts, ch 126, §2
CS89, §468.392
Referred to in §468.396
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.393 - Costs assessed.

468.393 Costs assessed.
If said district is established, the entire costs and expenses incurred under this part shall be assessed against and collected from the lands lying within such district, by the levy of a rate upon the assessable value of the land and improvements within such district, sufficient to raise the required sum; provided the board may, in their discretion, classify the land within such district and graduate the tax thereon, as provided in subchapter I.
[C97, §1982; S13, §1982; C24, 27, 31, 35, 39, §7747; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.4]
89 Acts, ch 126, §2
CS89, §468.393
Referred to in §468.395, 468.396
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.394 - Annual installments.

468.394 Annual installments.
If the proposed improvement is the maintenance of a levee, the amount collected in any one year shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of the assessment valuation, which said assessment shall be levied at a level rate on the assessable value of the said lands, improvements, easements, and railroads within the district. If the amount necessary to pay for the improvement exceeds said sum, it shall be levied and collected in annual installments of twenty or less. For all other improvements, the board shall levy a rate sufficient to pay for the same, and may, at their discretion, make the same payable in annual installments of twenty or less.
[C97, §1984; C24, 27, 31, 35, 39, §7748; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.5]
89 Acts, ch 126, §2
CS89, §468.394
Referred to in §468.395, 468.396
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.395 - Collection of tax.

468.395 Collection of tax.
The assessment required under sections 468.393 and 468.394 shall be made by the board of supervisors at the time of levying general taxes, after the work has been authorized, and the assessment shall be entered on the records of the board of supervisors, then entered on the tax books by the county auditor as drainage taxes, and shall be collected by the county treasurer at the same time, in the same manner, and with the same interest, as general taxes. If the assessment is not paid the treasurer shall sell all lands upon which the assessment remains unpaid, at the same time, and in the same manner, as is now by law provided for the sale of lands for delinquent taxes, including all steps up to the execution and delivery of the tax deed. The landowners shall take notice of and pay the assessments without other or further notice than as is provided for in this part. The funds realized from the assessments shall constitute the drainage fund, as contemplated in this part, and shall be disbursed on warrants drawn against that fund by the county auditor, on the order of the board of supervisors.
[C97, §1983; C24, 27, 31, 35, 39, §7749; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.6]
89 Acts, ch 126, §2
CS89, §468.395
92 Acts, ch 1016, §38
Referred to in §468.396
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.396 - Cost of maintaining.

468.396 Cost of maintaining.
The board of supervisors shall have the right and power to keep and maintain any such levee, ditches, drains, or system of drainage, either in whole or in part, established under sections 468.390 through 468.395, as may in their judgment be required, and to levy the expense thereof upon the real estate within such drainage district as provided for in this part, and collect and expend the same; provided, however, that no such work which shall impose a tax exceeding three dollars and thirty-seven and one-half cents per thousand dollars on the assessable value of the lands and improvements within the district shall be authorized by the board, unless the work is first petitioned for and authorized in substantially the manner required by this part for the inauguration of new work. However, if such work is of the kinds contemplated by section 468.126, and the cost thereof is within the limitations of section 468.126, or is of the kinds contemplated by section 468.188, and the cost thereof is within the limitations of section 468.188, then the provisions of section 468.126 or section 468.188 shall supersede the limitations of this section.
[C97, §1986; C24, 27, 31, 35, 39, §7750; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.7]
89 Acts, ch 126, §2
CS89, §468.396
2020 Acts, ch 1063, §256
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.397 - Laws applicable.

468.397 Laws applicable.
In the establishment and maintenance of levee and drainage districts in cooperation with the United States as in this part provided, all the proceedings in the filing and the form and substance of the petition, assessment of damages, appointment of an engineer, the engineer’s surveys, plats, profiles, and report, notice of hearings, filing of claims and objections, hearings, appointment of commissioners to classify lands, assess benefits, and apportion costs and expenses, report, notice and hearing on the report, the appointment of a supervising engineer, the engineer’s duties, the letting of work and making contracts, payment for work, levy and collection of drainage or levee assessments and taxes, the issue of improvement certificates and drainage or levee bonds, the taking of appeals and the manner of trial of appeals, and all other proceedings relating to the district shall be as provided in subchapter I, subchapter II, parts 1 through 5, subchapter III, subchapter IV, parts 1 and 2, and subchapter V except as otherwise in this part provided.
[C97, §1976 – 1989; S13, §1976, 1977, 1979, 1981, 1982, 1984, 1985, 1985-a, 1986, 1989; C24, 27, 31, 35, 39, §7751; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §466.8]
83 Acts, ch 101, §101; 89 Acts, ch 126, §2
CS89, §468.397
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.400 - Cooperation — procedure.

468.400 Cooperation — procedure.
When proceedings for the drainage of lands bordering upon the state line are had and the total cost of constructing the improvement in this state, including all damage, has been ascertained, and the engineer in charge, before the final establishment of the district, reports that the establishment and construction of such improvement ought to be jointly done with like proceedings for the drainage of lands in the same drainage area in such an adjoining state and that drainage proceedings are pending in such state for the drainage of such lands, the said authorities of this state may enter an order continuing the hearing on the establishment of such district to a fixed date, of which all parties shall take notice.
[SS15, §1989-a77; C24, 27, 31, 35, 39, §7752; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467.1]
89 Acts, ch 126, §2
CS89, §468.400
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.401 - Agreement as to costs.

468.401 Agreement as to costs.
The board shall have power, when the total cost, including damages, of constructing the improvement in such other state has been ascertained by the authorities of such other state, to enter into an agreement as to the separate amounts which the property owners of each state should in equity pay toward the construction of the joint undertaking. When such amount is thus determined, the board or boards having jurisdiction in this state shall enter the same in the minutes of their proceedings and shall proceed therewith as though such amount to be paid by the portion of the district in this state had been originally determined by them as the cost of constructing the improvement in this state.
[SS15, §1989-a77; C24, 27, 31, 35, 39, §7753; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467.2]
89 Acts, ch 126, §2
CS89, §468.401
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.402 - Contracts let by joint agreement.

468.402 Contracts let by joint agreement.
When the bids for construction are opened, unless the construction work on each side of the line can go forward independently, no contract shall be let by the authorities in this state, unless the acceptance of a bid or bids for the construction of the whole project is first jointly agreed upon by the authorities of both states.
[SS15, §1989-a77; C24, 27, 31, 35, 39, §7754; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467.3]
89 Acts, ch 126, §2
CS89, §468.402