reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.186 - Easements through a drainage or levee district.

468.186 Easements through a drainage or levee district.
As used in this section, “person” shall mean any individual or group of individuals, corporation, firm, company, or association, except a railroad company.
1. When any person proposes to construct a pipeline, electric transmission line, communication line, underground service line, or other similar installations on, over, across, or beneath the right-of-way of any drainage or levee district, such person shall, before beginning construction, obtain from the drainage or levee district an easement to cross the district’s right-of-way. The governing body of the district shall require such person to agree to comply with subsection 3 of this section and may, as a condition of granting such easement, attach thereto such additional conditions as they deem necessary. When the necessary easement has been obtained, such person shall construct the installation at the person’s own expense and shall pay all costs of any reconstruction, relocation, modification, or reinstallation of the drainage or levee district’s facility which may be necessary as a result of construction of the installation for which the easement was granted.
2. After construction of the installation has been completed in accordance with all conditions under which the easement is granted, the drainage or levee district shall maintain its facility at its own expense, and the person who constructed the installation, or the person’s successors in interest, shall maintain the installation at the person’s or successor’s own expense. If the drainage or levee district subsequently undertakes any maintenance, improvement, or reconstruction of its facility which requires the modification, relocation, or reconstruction of the installation, the expense of such modification, relocation, or reconstruction shall be borne by the person who constructed the installation or the person’s successors in interest.
3. When the construction of a public highway, or any installation for which an easement has been obtained under subsection 1 of this section, on, over, across, or beneath the right-of-way of any drainage or levee district disturbs or requires replacement of any portion of a tile drain less than twenty inches in diameter, and a portion of such drain will remain wholly or partially exposed after the construction project has been completed, the portion which is to remain exposed and not less than three feet of such drain immediately on either side of the portion which is to remain exposed, shall be replaced either with steel pipe of not less than sixteen gauge or polyvinyl chloride pipe conforming to current industry standards regarding diameter and wall thickness.
[C71, 73, 75, 77, 79, 81, §455.199]
89 Acts, ch 126, §2
CS89, §468.186
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.187 - Agreements with owners or other districts.

468.187 Agreements with owners or other districts.
1. Levee and drainage districts are empowered to enter into agreements with the owners of lands lying inside or outside of said districts, or with other levee and drainage districts or municipalities, to provide levee protection or drainage for such lands on such terms as the board may agree and subject to the following terms and conditions:
a. The facilities of the district furnishing the service shall not be overburdened.
b. There shall be no additional cost to the district furnishing the service.
c. The agreement shall be in writing, be made a part of the drainage records and shall include all of the following:
(1) The description of the lands to be served.
(2) The location of tile lines constructed or to be constructed.
(3) The consideration to be paid to the district furnishing the service and the classification of the lands to be served.
(4) Such other provisions as the board deems necessary.
2. The provisions in an agreement described in subsection 1 modify other provisions of this chapter applicable to such lands.
[C71, 73, 75, 77, 79, 81, §455.200]
89 Acts, ch 126, §2
CS89, §468.187
2013 Acts, ch 86, §1, 6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.189 - Closing agricultural drainage wells — assessment of costs within a drainage district.

468.189 Closing agricultural drainage wells — assessment of costs within a drainage district.
The costs of closing an agricultural drainage well and constructing an alternative drainage system as part of a drainage district shall be assessed as a special assessment by the board as provided in this chapter.
97 Acts, ch 193, §11
For provisions governing agricultural drainage wells and alternative drainage systems, see chapter 460
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.190 - Farm mediation not applicable.

468.190 Farm mediation not applicable.
A case, dispute, or other controversy arising under this chapter shall not be subject to any of the requirements of mediation provided in chapter 654A, 654B, or 654C.
2011 Acts, ch 94, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.201 - Plan of improvement.

468.201 Plan of improvement.
1. Whenever the government of the United States acting through its proper agencies or instrumentalities will undertake the original construction of improvements or the repair or alteration of existing improvements which will accomplish the purposes for which the district was established or aid in the accomplishment thereof and shall cause to be filed in the office of the auditor of the county in which said district is located a plan of such improvement or for the repair or alteration of existing improvements, the board shall have jurisdiction, power and authority, upon the notice, hearing and determination hereinafter provided, to adopt such plan of improvement or of repair or alteration of existing improvements and to provide necessary right-of-way therefor; and to pay such portion of all costs and damages incident to the adoption of such plan, the construction thereunder and the maintenance and operation of the works as will not be discharged by the federal government under legislation existing at the time of adoption; also to enter into such agreements with the United States government as may be necessary to meet federal requirements including the taking over, repair and maintenance of the works and to perform under such agreements.
2. If the cost to the district of the repair or alteration of existing improvements contemplated by this section does not exceed twenty-five percent of the sum of the original cost to the district and the cost of subsequent improvements, including all federal contributions, the board may proceed under the provisions of section 468.126, without notice and hearing, and without appraisement as contemplated by section 468.210, but the remaining provisions of this section and sections 468.202 through 468.216 that are not in conflict with section 468.126 shall remain applicable.
3. If the federal program divides a project into separate phases, each phase shall be considered a separate program as described in section 468.126, subsection 4, and shall in no event be construed as an unauthorized division into separate programs to avoid the twenty-five percent limitation prescribed for making improvements under said section 468.126, subsection 4, without notice and hearing.
[C50, 54, 58, 62, 66, §455.201; C71, 73, 75, 77, 79, 81, §455.202]
89 Acts, ch 126, §2
CS89, §468.201
2011 Acts, ch 25, §123
Referred to in §468.38, 468.62, 468.184, 468.202, 468.203, 468.212
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.202 - Agreement in advance.

468.202 Agreement in advance.
The agreement with the federal government contemplated in section 468.201 may be entered into by the board in advance of the filing of the plan, such agreement to be effective if the plan is finally adopted. If the plan is approved the board shall make a record of any such cooperative agreement.
[C50, 54, 58, 62, 66, §455.202; C71, 73, 75, 77, 79, 81, §455.203]
89 Acts, ch 126, §2
CS89, §468.202
2013 Acts, ch 30, §110
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.203 - Engineer appointed.

468.203 Engineer appointed.
After the filing of the plan contemplated in section 468.201 the board shall, at its first session thereafter, regular, special or adjourned, appoint a disinterested and competent civil or drainage engineer who shall give bond in an amount to be fixed by the board conditioned for the faithful and competent performance of the engineer’s duties.
[C50, 54, 58, 62, 66, §455.203; C71, 73, 75, 77, 79, 81, §455.204]
89 Acts, ch 126, §2
CS89, §468.203
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.204 - Engineer’s report.

468.204 Engineer’s report.
The engineer shall examine the plan filed by the federal agency and the lands affected thereby and shall make and file with the county auditor a full written report which, together with the federal plan, will show the following:
1. The character and location of all contemplated improvements, and the plats, profiles and specifications thereof.
2. The particular description and acreage of land required from each forty-acre tract or fraction thereof for right-of-way, borrow pits or other purposes together with congressional or other description of each tract and the names of the owners thereof as shown by the transfer books in the office of the auditor.
3. A particular description of each forty-acre tract or fraction thereof that will be excluded from benefit by adoption of the plan as filed, together with the name of the owners thereof as shown by the transfer books in the office of the auditor.
4. A particular description of each forty-acre tract or fraction thereof outside the district which will benefit from adoption of the plan as filed and the name of the owner thereof as shown by the transfer books in the office of the auditor.
5. Such rights-of-way or portions thereof previously established or acquired as will be rendered unnecessary by adoption of the federal plan and any unpaid damages awarded therefor.
6. Such other damages previously awarded as will be affected by adoption of the federal plan.
7. The recommendation of the engineer with respect to the adoption of the plan.
[C50, 54, 58, 62, 66, §455.204; C71, 73, 75, 77, 79, 81, §455.205]
89 Acts, ch 126, §2
CS89, §468.204
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.205 - Supplemental reports.

468.205 Supplemental reports.
Upon the filing of such report the board shall examine and consider the same together with the plan and the commitments involved in its adoption and may require supplemental reports of the engineer or of another disinterested engineer with such data as they may deem necessary or desirable including recommendations for any change or modification, negotiate with the federal agency involved and amend the plan in such manner as may be mutually agreed upon. The engineer shall make such supplemental reports as may be required by the board or necessitated by amendment of plan.
[C50, 54, 58, 62, 66, §455.205; C71, 73, 75, 77, 79, 81, §455.206]
89 Acts, ch 126, §2
CS89, §468.205
Referred to in §468.38, 468.62, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.206 - Notice and hearing.

468.206 Notice and hearing.
If upon consideration of the plan or amended plan and the report or reports of the engineer and the commitments involved in the adoption of the plan the board finds that the district will benefit therefrom or the purposes for which the district was established will be promoted thereby, the board shall adopt the same as a tentative plan, enter an order to that effect, and fix a date for hearing thereon not less than thirty days thereafter and direct the auditor to cause notice to be given of such hearing as provided in section 468.207.
[C50, 54, 58, 62, 66, §455.206; C71, 73, 75, 77, 79, 81, §455.207]
89 Acts, ch 126, §2
CS89, §468.206
2015 Acts, ch 30, §145
Referred to in §468.38, 468.62, 468.184, 468.201, 468.207
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.207 - Form of notice.

468.207 Form of notice.
1. The notice under section 468.206 shall be captioned in the name of the district and shall be directed to all of the following:
a. The owners of each tract or lot within the levee or drainage district, including railroad companies having rights-of-way and lienholders and encumbrancers.
b. The owners, lienholders, or encumbrancers of lands which an adoption of the plan would exclude from benefits.
c. The owners, lienholders, or encumbrancers of lands outside the district which will benefit from the plan.
d. Without naming them, the occupants of all lands affected.
e. All other persons whom the plan may concern.
2. The notice shall set forth all of the following:
a. That there is on file in the office of the auditor a plan of construction of the federal agency, naming the agency, together with reports of an engineer on the plan, which the board has tentatively approved.
b. That the plan may be amended before final action.
c. The day and hour set for hearing on the adoption of the plan.
d. That all claims for damages, except claims for land required for right-of-way or construction, and all objections to the adoption of the plan for any reason must be made in writing and filed in the office of the auditor at or before the time set for hearing.
3. Provisions of this subchapter, parts 1 through 5, for giving notice, waiver of notice, waiver of objection and damages and adjournment for service contained in sections 468.15 through 468.20 shall apply.
[C50, 54, 58, 62, 66, §455.207; C71, 73, 75, 77, 79, 81, §455.208]
89 Acts, ch 126, §2
CS89, §468.207
2016 Acts, ch 1073, §133
Referred to in §468.38, 468.62, 468.184, 468.201, 468.206
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.208 - Amendment — new parties.

468.208 Amendment — new parties.
The board may continue the hearing pending decision and may amend the plan but in the event of amendment the board shall continue further hearing to a fixed date. All parties over whom the board then has jurisdiction shall take notice of such further hearing but any new parties rendered necessary by the modification or change of plans shall be served with notice as for the original hearing.
[C50, 54, 58, 62, 66, §455.208; C71, 73, 75, 77, 79, 81, §455.209]
89 Acts, ch 126, §2
CS89, §468.208
Referred to in §468.38, 468.62, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.209 - Entry of order — effect.

468.209 Entry of order — effect.
1. If the board, after consideration of the subject matter, including all objections filed to the adoption of the plan and all claims for damages, shall find that the district will be benefited by adoption of the plan or the purposes for which the district was established is furthered by the plan, the board shall enter an order approving and adopting the final plan. The order shall have the effect of:
a. Altering the boundaries of the district to conform to the changes effected by the plan adopted.
b. Canceling all existing awards for damages for property not appropriated for right-of-way or construction and rendered unnecessary by the plan so adopted.
c. Canceling all awards previously made for damages other than for right-of-way or construction but reinstating the claims for such damages which said claims may be amended by the claimants within ten days thereafter.
d. Canceling all unpaid assessments for benefits on lands excluded from the district by adoption of the plan. The assessments so canceled shall become part of the costs of the improvement.
e. Establishing as benefited thereby the lands added to the district by adoption of the plan and rendering same subject to classification and assessment.
2. Whenever a plan has been adopted as contemplated by this section, modification and changes can be made therein without further notice or hearing, provided the same do not increase or decrease the estimated cost of the plan to the district by more than twenty-five percent.
[C50, 54, 58, 62, 66, §455.209; C71, 73, 75, 77, 79, 81, §455.210]
89 Acts, ch 126, §2
CS89, §468.209
2015 Acts, ch 30, §146; 2016 Acts, ch 1073, §134
Referred to in §468.38, 468.62, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.210 - Appraisement.

468.210 Appraisement.
Upon adoption of the plan, the board shall appoint three appraisers of the qualifications prescribed in section 468.24, who shall qualify in the manner provided in that section, and shall fix a time for hearing on their report of which all interested parties shall take notice. The appraisers shall view the premises and fix and determine the damages to which each claimant is entitled, including claimants whose awards for damages were canceled by the order of adoption. The appraisers shall place a separate valuation upon the acreage of each owner taken for right-of-way or other purposes necessitated by adoption of the plan and shall file a report in writing in the office of the auditor at least five days before the date fixed by the board for hearing on the report. If the report will not be filed on time or if good cause for delay exists, the board may postpone the time for final action on the subject and, if necessary, may appoint other appraisers. Thereafter the provisions of section 468.26 shall apply.
[C50, 54, 58, 62, 66, §455.210; C71, 73, 75, 77, 79, 81, §455.211]
89 Acts, ch 126, §2
CS89, §468.210
2022 Acts, ch 1021, §117
Referred to in §468.38, 468.184, 468.201
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.211 - Assessment of benefits.

468.211 Assessment of benefits.
Appointment of commissioners to assess benefits and classify lands within the district and all proceedings relative to such assessment and classification shall be as otherwise provided in this subchapter, parts 1 through 5, except that when the lands of the district have previously been classified, the commissioners shall classify and assess only such lands as have been added to the district by adoption of the plan and recommend such changes in existing classifications as are materially affected by the plan so adopted. The board may, upon hearing, adjust the classification of lands affected by the plan.
[C50, 54, 58, 62, 66, §455.211; C71, 73, 75, 77, 79, 81, §455.212]
89 Acts, ch 126, §2
CS89, §468.211
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.212 - Installments — warrants.

468.212 Installments — warrants.
The board shall levy the costs contemplated in section 468.201 upon all of the lands of the district on the basis of the classification for benefits as finally established and the assessments so levied shall be paid in one installment unless the board in its discretion shall provide for the payment thereof in not more than twenty equal installments with interest at a rate determined by the board notwithstanding chapter 74A. The board may issue anticipatory warrants bearing interest at a rate determined by the board, notwithstanding chapter 74A. The warrants may be numbered and state a maturity date. The warrants may be sold by the board for cash in an amount not less than the face value thereof, together with accrued interest, if any.
[C50, 54, 58, 62, 66, §455.212; C71, 73, 75, 77, 79, 81, §455.213]
89 Acts, ch 126, §2
CS89, §468.212
94 Acts, ch 1035, §6
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.213 - Subsequent levies.

468.213 Subsequent levies.
The board shall make such subsequent levies as may be necessary to meet the expenses of the district including costs of maintenance, repair and operation of the works.
[C50, 54, 58, 62, 66, §455.213; C71, 73, 75, 77, 79, 81, §455.214]
89 Acts, ch 126, §2
CS89, §468.213
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.214 - Applicable statutes.

468.214 Applicable statutes.
Except as otherwise provided in this part, all provisions of this chapter relative to assessment of damages, appointment of an engineer, employment of counsel, payment for work, levy and collection of drainage and levee assessments and taxes, the issue of improvement certificates and drainage or levee bonds, the taking of appeals and the manner of trial thereof and all other proceedings relating thereto shall apply.
[C50, 54, 58, 62, 66, §455.214; C71, 73, 75, 77, 79, 81, §455.215]
89 Acts, ch 126, §2
CS89, §468.214
2021 Acts, ch 80, §303
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.215 - Scope of plan.

468.215 Scope of plan.
The provisions of this part shall be applicable to districts organized or established under the provisions of subchapters II and III.
[C50, 54, 58, 62, 66, §455.215; C71, 73, 75, 77, 79, 81, §455.216]
89 Acts, ch 126, §2
CS89, §468.215
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.216 - Districts under trustees.

468.216 Districts under trustees.
When a district is in the management of trustees as provided in subchapter III the board of trustees shall have the jurisdiction to adopt the federal plan as provided herein and to exercise all other powers herein granted except that any levy shall be made by the board of supervisors upon certificate of the amount necessary by the trustees as provided in section 468.527.
[C50, 54, 58, 62, 66, §455.216; C71, 73, 75, 77, 79, 81, §455.217]
89 Acts, ch 126, §2
CS89, §468.216
Referred to in §468.38, 468.184, 468.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.220 - Occupancy and use permitted — assessments paid.

468.220 Occupancy and use permitted — assessments paid.
1. Any levee or drainage district organized, or in the process of being organized, under the laws of this state may occupy and use for any lawful levee or drainage purpose land owned by the state of Iowa, upon first obtaining permission to do so from the state or state agency controlling the land.
2. In the case of lands lying within the beds of meandered streams and border streams the permission shall be obtained from the natural resource commission of the department of natural resources. In the case of lands that are not under the control of any office or agency of the state, then the permission shall be obtained from the executive council.
3. Such permission shall not be unreasonably withheld and shall be in the form of an easement executed by the governor or in the case of an agency, by the chairperson or presiding officer thereof, and when once granted shall be perpetual, except that if no use is made of the easement for a period of five years, the permission shall immediately thereafter expire.
4. All uses and occupancies as contemplated by this section existing on July 4, 1961, are hereby legalized.
5. The state of Iowa, its agencies and subdivisions shall be financially responsible for drainage and special assessments against land which they own, or hold title to, within existing drainage districts.
[C62, 66, §455.217; C71, 73, 75, 77, 79, 81, §455.218]
89 Acts, ch 126, §2
CS89, §468.220
2015 Acts, ch 30, §147
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.221 - Written communication delivered to the state or a local government.

468.221 Written communication delivered to the state or a local government.
1. This section applies whenever a board or county officer acting under this chapter is required to deliver a written communication to a state agency or local government. The written communication includes but is not limited to a notice, service of process, demand, statement, or a report.
2. a. If the written communication is to be delivered to a state agency, it may be delivered to the administrative head of the state agency or its governing body. The written communication may also be delivered to a person designated by the administrative head of the state agency or its governing body. The written communication may be delivered to the executive council if the administrative head of the state agency or its governing body cannot be determined.
b. If the written communication is to be delivered to a local government, it may be delivered to the governing body of the local government. The written communication may also be delivered to a person designated by the governing body. As used in this section, “local government” includes a county, city, township, or any special purpose district or authority.
2011 Acts, ch 39, §1; 2012 Acts, ch 1021, §87
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.230 - Administrators appointed.

468.230 Administrators appointed.
The county board of supervisors of any county of this state in which one or more drainage districts are established may by resolution establish a board of county drainage administrators. All of the powers, duties, and responsibilities now or hereafter conferred on county boards of supervisors in this chapter shall thereupon be transferred to and thereafter exercised by the board of county drainage administrators. A drainage or levee district may be established pursuant to subchapter III.
[C71, 73, 75, 77, 79, 81, §455.219]
89 Acts, ch 126, §2
CS89, §468.230
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.231 - Administrator areas.

468.231 Administrator areas.
When establishing a board of county drainage administrators, the board of supervisors shall divide the county, along township lines, into three drainage administrator areas of approximately equal territory. The board of county drainage administrators shall consist of one resident freeholder appointed by the county board of supervisors from each area, and at least two of the administrators shall be agricultural landowners. The members first appointed shall hold office for terms of one, two, and three years respectively, as indicated and fixed by the county board of supervisors. Thereafter, succeeding members shall be appointed for a term of three years, except that vacancies occurring otherwise than by expiration of a term shall be filled by appointment for the unexpired term. Any member of the board of county drainage administrators who shall cease to have any of the qualifications prescribed by this section shall thereupon be disqualified as a member of the board and the office shall be deemed vacant. Members of the board of county drainage administrators may be removed by the county board of supervisors for cause, but every such removal shall be by written order which shall be filed with the county auditor.
[C71, 73, 75, 77, 79, 81, §455.220]
89 Acts, ch 126, §2
CS89, §468.231
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.232 - Compensation.

468.232 Compensation.
The members of the board of county drainage administrators shall each receive compensation at an hourly rate established by the county board of supervisors for time actually devoted to the duties of their office, and reimbursement at the rate established by section 70A.9 for travel to and from meetings of, or other places of performing the duties of, the board, and other actual and necessary expenses incurred in the performance of their duties.
[C71, 73, 75, 77, 79, 81, §455.221]
89 Acts, ch 126, §2
CS89, §468.232
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.233 - How paid.

468.233 How paid.
The compensation and expenses of the county board of drainage administrators, for each day or portion thereof necessarily expended in the transaction of the business of a drainage or levee district, shall be paid out of the funds of the district served. The administrators shall file with the auditor or auditors, as the case may be, itemized, verified statements of their time devoted to the business of the district and the expenses incurred. If the administrators transact business of more than one district on a given day, they shall prorate their claims for compensation proportionately among the districts served on that day, but in no case shall a member of the board of county drainage administrators claim or receive a sum in excess of seventeen dollars and fifty cents, plus actual and necessary expenses, for a single day.
[C71, 73, 75, 77, 79, 81, §455.222]
89 Acts, ch 126, §2
CS89, §468.233
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.234 - Soil and water conservation districts.

468.234 Soil and water conservation districts.
The governing board of every drainage or levee district organized under the laws of this state shall take notice of the district plan, and shall conform to the duly adopted rules, of the soil and water conservation district or districts in which the drainage or levee district is located. However, this section does not grant authority not otherwise granted by law to the governing boards of drainage or levee districts.
[C73, 75, 77, 79, 81, §455.223]
86 Acts, ch 1238, §61; 89 Acts, ch 83, §53; 89 Acts, ch 126, §2
CS89, §468.234
For establishment and management of soil and water conservation districts, see chapter 161A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.240 - Supervisors of county over two hundred thousand may establish.

468.240 Supervisors of county over two hundred thousand may establish.
The board of a county with a population of two hundred thousand persons or more that has established a drainage district located partly within the corporate limits of a city may expend federal grants or revenue sharing money or other funds not derived from local tax levies in amounts as the board deems proper to pay any part of the cost of improvements authorized in this subchapter, parts 1 through 5. The board may issue general obligation bonds to pay any part of the cost of improvements authorized in this subchapter, parts 1 through 5. The bonds shall be issued according to the provisions of chapter 384, subchapter III, relating to general obligation bonds for essential corporate purposes.
[C77, 79, 81, §455.225]
89 Acts, ch 126, §2
CS89, §468.240
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.250 - Jurisdiction to dissolve districts and abandon or transfer improvements.

468.250 Jurisdiction to dissolve districts and abandon or transfer improvements.
Drainage or levee districts may be dissolved and abandoned or assimilated by the procedures prescribed by this part.
1. When any drainage or levee district is free from indebtedness and it shall appear that the necessity therefor no longer exists or that the expense of the continued maintenance of the ditch or levee is in excess of the benefits to be derived therefrom, the board of supervisors or board of trustees, as the case may be, shall have power and jurisdiction, upon petition of a majority of the landowners, who, in the aggregate, own sixty percent of all land in such district, to abandon the same and dissolve and discontinue such districts in the manner prescribed by sections 468.251 through 468.255. Nothing in this subsection shall prevent the board from eliminating land from a drainage district as permitted under section 468.188.
2. When one drainage or levee district, either intracounty or intercounty, includes within its territory all of the territory of one or more other drainage or levee districts, and it appears that one assessment and one governing body would be to the benefit of the owners and occupants of the land within the mutual jurisdiction of the overlying and the contained districts, the board of supervisors or board of trustees may effect the dissolution of a contained district and the transfer of jurisdiction and control over that contained district’s improvements to the overlying district, in the manner prescribed by sections 468.256 through 468.261.
[C35, §7598-g1; C39, §7598.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §456.1]
89 Acts, ch 126, §2
CS89, §468.250
Referred to in §468.255, 468.256
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.251 - Notice of hearing.

468.251 Notice of hearing.
Upon the filing of such petition the board shall enter an order fixing the date for hearing thereon not less than forty days from the date of the filing thereof and shall enter an order directing the county auditor, if such district is under the control of the board of supervisors, or the clerk of the board, if under the control of a board of trustees, to immediately cause notice of hearing thereon to be served on the owners of lands in such district as may then be provided by law in proceedings for the establishment of a drainage or levee district.
[C35, §7598-g2; C39, §7598.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §456.2]
89 Acts, ch 126, §2
CS89, §468.251
Referred to in §468.250, 468.255
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.252 - Hearing on petition.

468.252 Hearing on petition.
The petition may be amended at any time before final action on the petition. At the time set for hearing on the petition, the board shall hear and determine the sufficiency of the petition as to form and substance and all objections filed against the abandonment and dissolution of such district. If the board finds that such district is free from indebtedness and that the necessity for the continued maintenance thereof no longer exists or that the expense of the continued maintenance of such district is not commensurate with the benefits derived therefrom, the board shall enter an order abandoning and dissolving such district, which order shall be filed with the county auditor of the county or counties in which such district is situated and noted on the drainage record.
[C35, §7598-g3; C39, §7598.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §456.3]
89 Acts, ch 126, §2
CS89, §468.252
2013 Acts, ch 90, §141
Referred to in §468.250, 468.255
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.253 - Appeal.

468.253 Appeal.
Appeal may be taken from the order of the board to the district court of the county in which such district or a part thereof is situated, in the same time and manner as appeal may be taken from an order of the board of supervisors establishing a district.
[C35, §7598-g4; C39, §7598.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §456.4]
89 Acts, ch 126, §2
CS89, §468.253
Referred to in §468.250, 468.255
Appeals, §468.83 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.254 - Expense — refund.

468.254 Expense — refund.
In case there are sufficient funds on hand in such district, or there are unpaid assessments outstanding or other property belonging to such district in an amount sufficient to pay such expense, the expense of abandonment and dissolution shall be paid out of such funds or out of funds realized by the sale of such property. Where such district is free of indebtedness but there are not sufficient funds on hand or unpaid assessments outstanding or other assets to pay such expense the board shall assess such expense against the property in the district in the same proportions as the last preceding assessments of benefits. Any excess remaining to the credit of such district after sale of its assets and after payment of such expenses shall be prorated back to the property owners in the district in the proportions according to class and benefits as last assessed. If the petition is denied, the costs of said proceedings shall be paid by the petitioning owners.
[C35, §7598-g5; C39, §7598.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §456.5]
89 Acts, ch 126, §2
CS89, §468.254
Referred to in §468.250, 468.255
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.255 - Abandonment of rights-of-way.

468.255 Abandonment of rights-of-way.
If a dissolution is effected pursuant to section 468.250, subsection 1, and sections 468.251 through 468.254, the rights-of-way of the district for all purposes of the district shall be deemed abandoned.
[C35, §7598-g6; C39, §7598.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §456.6]
89 Acts, ch 126, §2
CS89, §468.255
Referred to in §468.250
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.256 - Initiating dissolution of contained district.

468.256 Initiating dissolution of contained district.
To initiate the dissolution of a contained district under the circumstances described in section 468.250, subsection 2:
1. The board of supervisors or board of trustees of the district proposed to be dissolved shall enter an order for the proposed dissolution of that district and the surrender of its improvements and rights-of-way to the overlying district.
2. The board of supervisors or board of trustees of the overlying district shall enter an order approving the proposed acceptance of those improvements and rights-of-way.
[C81, §456.11]
89 Acts, ch 126, §2
CS89, §468.256
Referred to in §468.250, 468.257, 468.260, 468.261, 468.500, 468.538
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.257 - Procedure for notice of hearing.

468.257 Procedure for notice of hearing.
1. The board of the overlying district shall enter an order fixing a place and a time, not less than forty days after the date of the later of the two orders required by section 468.256, for a hearing on the proposals described in the two orders.
2. The auditor, or auditors if the overlying district includes land lying in two or more counties, shall cause notice of the proposals and of the hearing to be given immediately upon the entry of an order under subsection 1. The notice must:
a. Include the texts of the orders entered pursuant to section 468.256, the date, time and place of the hearing, and a statement that all objections to the proposals embodied in the orders must be made in writing and filed in the office of the auditor at or before the time set for the hearing.
b. Be directed to all of the following:
(1) The owner of each tract of land or lot within the overlying district, as shown by the transfer books of the auditor’s office, including railway companies having right-of-way in the district.
(2) All lienholders or encumbrancers of land within the overlying district, without naming them.
(3) All actual occupants of land in the overlying district, without naming individuals.
(4) All other persons whom it may concern.
3. Except as otherwise required by section 468.16, the notice required by this section shall be served by publication once in a newspaper of general circulation in each county in which the overlying district’s land is situated. The publication shall be made not less than twenty days prior to the day set for the hearing. Proof of service shall be made by affidavit of the publisher.
[C81, §456.12]
89 Acts, ch 126, §2
CS89, §468.257
Referred to in §468.250, 468.258, 468.260, 468.261, 468.500, 468.538
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.258 - Procedure at hearing.

468.258 Procedure at hearing.
The hearing shall be convened at the time and place fixed in accordance with section 468.257, subsection 1, and the procedure at the hearing shall be as prescribed by this section.
1. The board of the contained district shall first hear all objections filed against the dissolution of the district and the surrender of its improvements to the overlying district. If, at the conclusion of that portion of the hearing, that board finds that the contained district is free of debt, that the economic benefits of the continued maintenance of that district would not be commensurate with its cost, and that it would be advantageous to dissolve and discontinue the contained district and surrender its improvements and rights-of-way to the overlying district, it shall enter an order dissolving the contained district and directing the surrender of its improvements and rights-of-way, conditioned on acceptance by the overlying district.
2. Immediately thereafter, the board of the overlying district shall hear all objections filed against the acceptance of the contained district’s improvements and their maintenance. If it finds that the improvements are conducive to the drainage of surface waters from agricultural lands and all other lands in the overlying district or the protection of the lands from overflow, it shall enter an order accepting the improvements and rights-of-way of the contained district.
3. Orders issued pursuant to subsections 1 and 2 shall be filed with the county auditor of the county or counties in which the affected districts are situated and noted on the drainage record.
4. If at or before the time set for the hearing there have been filed with the county auditor or auditors, if either the contained or overlying district extends into more than one county, or with the board of either district, one or more remonstrances or objections to the dissolution of the contained district, or to the acceptance of that district’s improvements and rights-of-way by the overlying district, signed by owners of land and land improvements in either district aggregating sixty percent of the total assessed value of the land in that district as shown by the taxing records in the county or counties in which that district is located, the board to which the remonstrances or objections have been made shall abandon its proposed action.
[C81, §456.13]
89 Acts, ch 126, §2
CS89, §468.258
Referred to in §468.250, 468.259, 468.260, 468.261, 468.265, 468.500, 468.538
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.259 - Election in lieu of hearings.

468.259 Election in lieu of hearings.
In lieu of the hearings provided for in section 468.258, the board of either district may call an election for the purpose of determining the dissolution of the contained district or the acceptance of that district’s improvements and rights-of-way by the overlying district. The questions may be submitted at a regular election of the district or at a special election called for that purpose. It is not mandatory for the county commissioner of elections to conduct the elections, however the provisions of sections 49.43 through 49.47, and of subchapter III of this chapter, as they are applicable, shall govern the elections, and the question to be submitted shall be set forth in the notice of election.
1. If sixty percent or more of the votes cast are in favor of the proposed dissolution of the contained district involved, the board of that district shall enter an order dissolving the contained district and directing the surrender of its improvements and rights-of-way, conditioned on acceptance by the overlying district.
2. If sixty percent or more of the votes cast in the overlying district are in favor of the proposed acceptance by that district of the contained district’s improvements and rights-of-way, the board of the overlying district shall enter an order accepting the improvements and rights-of-way of the contained district.
3. Orders issued pursuant to subsections 1 and 2 shall be filed with the county auditor of the county or counties in which the affected districts are situated and noted on the drainage record.
[C81, §456.14]
89 Acts, ch 126, §2
CS89, §468.259
2021 Acts, ch 80, §304
Referred to in §468.250, 468.260, 468.261, 468.500, 468.538
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.260 - Effect of dissolution, surrender, and acceptance.

468.260 Effect of dissolution, surrender, and acceptance.
When a contained district dissolves and surrenders its improvements and rights-of-way to the jurisdiction and control of an overlying district, and the overlying district accepts those improvements and rights-of-way, in accordance with sections 468.256 through 468.259:
1. It is presumed that the classification of the lands which were included in the dissolved district, as previously determined by the commissioners in the classification of those lands as a part of the overlying district, remains equitable and no reclassification of the overlying district or any part of it is necessary.
2. The improvements surrendered and accepted are at all times under the supervision of the board of the overlying district, and it is the duty of that board to keep the improvements in repair as provided in section 468.126 as fully and completely as though the improvements were a part of the original construction or improvements in the overlying district.
3. It is presumed that:
a. The improvements surrendered and accepted are an integral part of the overlying district’s improvements, and are a public benefit and conducive to the public health, convenience and welfare.
b. No value is taken into consideration for the existing improvements nor is credit given to the parties owning them, and they shall not be considered an asset of the district that is dissolved.
4. The original cost and the subsequent cost of improvements in the district that has been dissolved are added to and become a part of the original cost and the subsequent cost of improvements in the overlying district.
[C81, §456.15]
89 Acts, ch 126, §2
CS89, §468.260
Referred to in §468.250
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.261 - Costs borne by overlying district.

468.261 Costs borne by overlying district.
The overlying district shall pay all costs of the proceedings held pursuant to sections 468.256 through 468.259.
[C81, §456.16]
89 Acts, ch 126, §2
CS89, §468.261
Referred to in §468.250