reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.134 - Time of report — notice of hearing.

468.134 Time of report — notice of hearing.
When said commissioners are appointed, the board shall, by proper order, fix the time when the commissioners shall report their findings, but a report filed within thirty days of the time so fixed shall be deemed a compliance with said order. On the filing of said report, the board shall fix a time for hearing thereon, and it shall give notice thereof to the auditor of the county in which the land to be assessed for such work is located by certified mail; said county auditor shall thereupon immediately notify by certified mail the board of supervisors, and board or boards of trustees of the districts having supervision thereof, as to said hearing on said commissioner’s report. In those instances where two or more districts are under the supervision of the same board, or joint board if the district is intercounty, the notice shall be given to all landowners affected as prescribed in sections 468.14 through 468.18.
[C24, 27, 31, 35, 39, §7565; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.144]
89 Acts, ch 126, §2
CS89, §468.134
Referred to in §468.135
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.135 - Report and review — appeal.

468.135 Report and review — appeal.
1. The commissioners shall file with the board a detailed report of their findings. The board shall review the report and may, by proper order, increase or decrease the amount which shall be charged to each district. After the final order of the board has been made, the board shall notify the county auditor, in the time and manner as provided in sections 468.133 and 468.134, of the order. The county auditor shall notify by certified mail the board of supervisors and the board or boards of trustees of the final order. The board of supervisors and the board or boards of trustees, if aggrieved by the final order, may appeal from the order to the district court of the county in which any of the improvement proposed or done is located.
2. Any such appeal shall be taken, perfected, and conducted in the time and manner provided in section 468.83, subsection 1, and sections 468.84 through 468.88, for appeals contemplated by those sections.
[C24, 27, 31, 35, 39, §7566; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.145]
89 Acts, ch 126, §2
CS89, §468.135
2019 Acts, ch 59, §159
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.136 - Levy under original classification.

468.136 Levy under original classification.
If the amount finally charged against a district does not exceed twenty-five percent of the original cost of the improvement in the district, the board shall proceed to levy the amount against all lands, highways, and railway rights-of-way and property within the district, in accordance with the original classification and apportionment. Any assessment made under this section on any tract, parcel, or lot within the district which is computed at less than five dollars shall be fixed at the sum of five dollars.
[C24, 27, 31, 35, 39, §7567; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.146]
89 Acts, ch 126, §2
CS89, §468.136
94 Acts, ch 1051, §10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.137 - Levy under reclassification.

468.137 Levy under reclassification.
If the amount finally charged against a district exceeds twenty-five percent of the original cost of the improvement, the board may order a reclassification as provided for the original classification of a district and upon the final adoption of the new classification and apportionment shall proceed to levy that amount upon all lands, highways, and railway rights-of-way and property within the district, in accordance with the new classification and apportionment. An assessment made under this section on a tract, parcel, or lot within the district which is computed at less than five dollars shall be fixed at the sum of five dollars.
[C24, 27, 31, 35, 39, §7568; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.147]
85 Acts, ch 163, §10; 89 Acts, ch 126, §2
CS89, §468.137
94 Acts, ch 1051, §11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.138 - Removal of obstructions.

468.138 Removal of obstructions.
The board shall cause to be removed from the ditches, drains, and laterals of any district any obstructions which interfere with the flow of the water, including trees, hedges, or shrubbery and the roots thereof, and may cause any tile drain so obstructed to be relaid in concrete or any other adequate protection, such work to be paid for from the drainage funds of the district.
[C24, 27, 31, 35, 39, §7569; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.148]
89 Acts, ch 126, §2
CS89, §468.138
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.139 - Trees and hedges.

468.139 Trees and hedges.
When it becomes necessary to destroy any trees or hedges outside the right-of-way of any ditch, lateral, or drain in order to prevent obstruction by the roots thereof, if the board and the owners of such trees or hedges cannot agree upon the damage for the destruction thereof, the board may proceed to acquire the right to destroy and remove such trees or hedges by the same proceedings provided for acquiring right-of-way for said drainage improvement in the first instance.
[C24, 27, 31, 35, 39, §7570; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.149]
89 Acts, ch 126, §2
CS89, §468.139
Condemnation procedure, chapter 6B
Similar provision, §468.347
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.140 - Outlet for lateral drains — specifications.

468.140 Outlet for lateral drains — specifications.
The owner of any premises assessed for the payment of the costs of location and construction of any ditch, drain, or watercourse as in this subchapter, parts 1 through 5, provided, shall have the right to use the same as an outlet for lateral drains from the premises. The board of supervisors shall make specifications covering the manner in which such lateral drains shall be connected with the main ditches or other laterals and be maintained, and the owner shall follow such specifications in making and maintaining any such connection.
[S13, §1989-a22; C24, 27, 31, 35, 39, §7571; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.150]
89 Acts, ch 126, §2
CS89, §468.140
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.141 - Subdistricts in intercounty districts.

468.141 Subdistricts in intercounty districts.
The board of supervisors of any county shall have jurisdiction to establish subdrainage districts of lands included within a district extending into two or more counties when the lands to compose such subdistricts lie wholly within such county, and to make improvements therein, repair and maintain the same, fix and levy assessments for the payment thereof, and the provisions of this section shall apply to all such drainage subdistricts, the lands of which lie wholly within one county. The proceedings for all such purposes shall be the same as for the establishment, construction, and maintenance of an original levee or drainage district the lands of which lie wholly within one county, so far as applicable, except that one or more persons may petition for a subdistrict as provided in section 468.63.
[S13, §1989-a37; C24, 27, 31, 35, 39, §7572; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.151]
89 Acts, ch 126, §2
CS89, §468.141
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.142 - District by mutual agreement — presumption.

468.142 District by mutual agreement — presumption.
The owners of lands may provide by mutual agreement in writing duly signed, acknowledged, and filed with the auditor for combined drainage of their lands by the location and establishment of a drainage district for such purposes and the construction of drains, ditches, settling basins, and watercourses upon and through their said lands. Such drainage district shall be presumed to be conducive to the public welfare, health, convenience, or utility.
[S13, §1989-a28; C24, 27, 31, 35, 39, §7573; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.152]
89 Acts, ch 126, §2
CS89, §468.142
Referred to in §418.1, 468.49, 468.65
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.143 - What the agreement shall contain.

468.143 What the agreement shall contain.
Such agreements shall contain the following:
1. A description of the lands by congressional divisions, metes and bounds, or other intelligible manner, together with the names of the owners of all said lands.
2. The location of the drains and ditches to be constructed, describing their sources and outlets and the courses thereof.
3. The character and extent of drainage improvement to be constructed, including settling basins, if any.
4. The assessment of damages, if any.
5. The classification of the lands included in such district, the amount of drainage taxes or special assessments to be levied upon and against the several tracts, and when the same shall be levied and paid.
6. Such other provisions as the board deems necessary.
[S13, §1989-a28; C24, 27, 31, 35, 39, §7574; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.153]
89 Acts, ch 126, §2
CS89, §468.143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.144 - Board to establish.

468.144 Board to establish.
When such agreement is filed, the auditor shall record it in the drainage record. The board shall at a regular, special, or adjourned session thereafter locate and establish a drainage district and locate the ditches, drains, settling basins, and watercourses thereof as provided in said agreement, and enter of record an order accordingly. The board thereafter shall carry out the object, purpose, and intent of such agreement and cause to be completed and constructed the said improvement and shall retain jurisdiction of the same as fully as in districts established in any other manner. It shall cause to be levied upon and against the lands of such district, the drainage taxes and assessments according to said agreement and when collected said taxes and assessments shall constitute the drainage funds of said district to be applied upon order of the board as in said agreement provided.
[S13, §1989-a28; C24, 27, 31, 35, 39, §7575; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.154]
89 Acts, ch 126, §2
CS89, §468.144
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.145 - Procedure.

468.145 Procedure.
The board shall proceed to carry out the provisions of the agreement, advertising for and receiving bids, letting the work, making contracts, levying assessments, paying on estimates, issuing warrants, improvement certificates, or drainage bonds as the case may be, in the same manner as in districts established on petition, except as in said mutual agreement otherwise provided.
[S13, §1989-a28; C24, 27, 31, 35, 39, §7576; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.155]
89 Acts, ch 126, §2
CS89, §468.145
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.146 - Outlet in adjoining county or in another state.

468.146 Outlet in adjoining county or in another state.
1. When a drainage district is established and a satisfactory outlet cannot be obtained except through lands in an adjoining county, or when an improved outlet cannot be obtained except through lands downstream from the district boundary, the board shall have the power to purchase a right-of-way, to construct and maintain such outlets, and to pay all necessary costs and expenses out of the district funds. The board shall have similar authority relative to the construction and maintenance of silt basins upstream from the district boundary. In case the board and the owners of the land required for such outlet or silt basin cannot agree upon the price to be paid as compensation for the land taken or used, the board is hereby empowered to exercise the right of eminent domain as provided for in chapter 6B in order to procure such necessary right-of-way.
2. When a district is, or has been established in this state and no practicable outlet therefor can be obtained except through lands in an adjoining state, the board of supervisors of the county where said district is situated shall, as drainage commissioners, have power to purchase a right-of-way and to construct a ditch for such outlet in an adjoining state or to contribute to the construction of such a ditch, in an adjoining state and to pay for the same out of the funds of such district. Provided, however, that no drainage district or districts shall be charged or assessed any of the cost for land or work done unless previously agreed to by the board of supervisors or trustees of all of the drainage districts which will be assessed.
[S13, §1989-a39, -a55; C24, 27, 31, 35, 39, §7577, 7578; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.156, 455.157]
89 Acts, ch 126, §2
CS89, §468.146
2006 Acts, 1st Ex, ch 1001, §45, 49
Referred to in §468.147
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.147 - Tax.

468.147 Tax.
The board of supervisors shall have authority to levy a tax on the lands in said drainage district established in this state to provide funds from which to pay for the improvement referred to in section 468.146, subsection 2, should such levy be necessary.
[C31, 35, §7578-c1; C39, §7578.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.158]
89 Acts, ch 126, §2
CS89, §468.147
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.148 - Injuring or diverting — damages.

468.148 Injuring or diverting — damages.
Any person who shall willfully break down or through or injure any levee or bank of a settling basin, or who shall dam up, divert, obstruct, or willfully injure any ditch, drain, or other drainage improvement authorized by law shall be liable to the person or persons owning or possessing the lands for which such improvements were constructed in double the amount of damages sustained by such owner or person in possession; and in case of a subsequent offense by the same person, the person shall be liable in treble the amount of such damages.
[C73, §1227; C97, §1961; C24, 27, 31, 35, 39, §7579; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.159]
89 Acts, ch 126, §2
CS89, §468.148
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.149 - Obstructing or damaging.

468.149 Obstructing or damaging.
1. A person is guilty of a serious misdemeanor if, without legal authority, the person willfully does any of the following:
a. Diverts, obstructs, impedes, or fills up any ditch, drain, or watercourse.
b. Breaks down or injures any levee or the bank of any settling basin, established, constructed, and maintained under any provision of law.
c. Obstructs or engages in travel or agricultural practices upon the improvement or rights-of-way of a levee or drainage district which the governing body thereof has, by resolution, determined to be injurious to such improvement or to interfere with its proper preservation, operation, or maintenance, and has prohibited.
2. Any unlawful act described in subsection 1 is a nuisance and may be abated.
3. A governing body shall have the power to repair any ditch, drain, or watercourse, or any levee or bank of any settling basin, damaged by any person or persons in violation of a resolution of the governing body, after three days’ notice to such person or persons to make such repair. In the event that there is a failure to make the repair, the expense of the repair shall be assessed to the person or persons and shall be certified and collected in the same manner as other taxes.
[C24, 27, 31, 35, 39, §7580; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.160]
89 Acts, ch 126, §2
CS89, §468.149
2016 Acts, ch 1073, §132
Nuisances in general, chapter 657
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.150 - Nuisance — abatement.

468.150 Nuisance — abatement.
Any ditch, drain, or watercourse which is now or hereafter may be constructed so as to prevent the surface and overflow water from the adjacent lands from entering and draining into and through the same is hereby declared a nuisance and may be abated as such.
[S13, §1989-a15; C24, 27, 31, 35, 39, §7581; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.161]
89 Acts, ch 126, §2
CS89, §468.150
Nuisances in general, chapter 657
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.151 - Actions — settlement — counsel.

468.151 Actions — settlement — counsel.
1. Levee or drainage districts through their governing bodies are authorized to maintain actions in law or equity for the purposes of preventing or recovering damages that may accrue to the districts on account of the impairment of their functions, or the increase in the cost of maintenance or operation of the districts, or on account of damages to property owned by the districts, resulting from the construction or operation of locks, dams, and pools in the Mississippi or Missouri river. Levee or drainage districts may make settlements and adjustments of such damages and written contracts with relation to such damages, and receive any appropriations that may be made by the Congress of the United States for the increased cost to drainage or levee districts and may agree to the construction and maintenance of present equipment and of new or remedial works, improvements and equipment as a part of such damages, or as a means of lessening the damages which will be suffered by the said districts. The districts are further authorized to employ legal and engineering counsel for such purposes and to pay for the cost of employing legal and engineering counsel out of the award of damages or out of the maintenance funds of the district.
2. If a lump sum settlement is made between the United States and the district to provide an annual payment of income from the lump sum settlement, the county treasurer of the county in which the greater portion of the district is situated shall be custodian of the principal fund. The governing body of the district shall apply to the district court for authority to invest the fund as provided by section 636.23, and, in addition to the investments approved, the court may authorize investment of the fund in interest-bearing bonds or warrants of the district. The income from the fund shall be disbursed by direction of the governing body of the district.
[C39, §7581.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.162]
89 Acts, ch 126, §2
CS89, §468.151
2019 Acts, ch 59, §160
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.152 - Waste banks — private use.

468.152 Waste banks — private use.
The landowner may have any beneficial use of the land to which the landowner has fee title and which is occupied by the waste banks of an open ditch when such use does not interfere in any way with the easement or rights of the drainage district as contemplated by this subchapter, parts 1 through 5. For the purpose of gaining such use the landowner may smooth said waste banks, but in doing so the landowner must preserve the berms of such open ditch without depositing any additional dirt upon them.
[C24, 27, 31, 35, 39, §7582; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.163]
89 Acts, ch 126, §2
CS89, §468.152
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.153 - Preliminary expenses — how paid.

468.153 Preliminary expenses — how paid.
If the proposed district is all in one county, the board of supervisors may pay all necessary preliminary expenses in connection with the district. If it extends into other counties, the boards of the respective counties may pay a proportion of the expenses as the work done or expenses created in each county bears to the whole amount of work done or expenses created. The amounts shall be ascertained and reported by the engineer in charge of the work and be approved by the respective boards which shall, as soon as paid, charge the amount to the district, as their interests may appear, as soon as the district is established. If the district is not established, the amounts shall be collected upon the bond or bonds of the petitioners.
[S13, §1989-a48; C24, 27, 31, 35, 39, §7583; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.164]
83 Acts, ch 123, §185, 209; 89 Acts, ch 126, §2
CS89, §468.153
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.154 - Additional help for auditor.

468.154 Additional help for auditor.
If the work in the office of the auditor by reason of the existence of drainage districts is so increased that the regular officer is unable by diligence to do the same, the board of supervisors may employ such additional help as may be necessary to keep the records and transact the business of the drainage districts. The expense of such help shall be paid by the districts in proportion to the amount of work done therefor.
[S13, §1989-a42; C24, 27, 31, 35, 39, §7584; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.165]
89 Acts, ch 126, §2
CS89, §468.154
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.155 - Employment of counsel.

468.155 Employment of counsel.
The board is authorized to employ counsel to advise and represent it and drainage districts in any matter in which they are interested. Attorney fees and expenses shall be paid out of the drainage fund of the district for which the services are rendered, or may be apportioned equitably among two or more districts. Such attorneys shall be allowed reasonable compensation for their services, also necessary traveling expenses while engaged in such business. Attorneys rendering such services shall file with the auditor an itemized, verified account of all claims therefor, and statement of expenses, and the same shall be audited and allowed by the board in the amount found to be due.
[S13, §1989-a14; C24, 27, 31, 35, 39, §7585; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.166]
89 Acts, ch 126, §2
CS89, §468.155
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.156 - Compensation of appraisers.

468.156 Compensation of appraisers.
Persons appointed to appraise and award damages and make classification of lands and assess benefits, other than the engineer, shall receive such compensation as the board may fix and in addition thereto, the necessary expense of transportation of said persons while engaged upon their work. They shall file with the auditor an itemized, verified account of the amount of time employed upon said work and their expenses.
[S13, §1989-a41; C24, 27, 31, 35, 39, §7586; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.167]
89 Acts, ch 126, §2
CS89, §468.156
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.157 - Payment.

468.157 Payment.
All compensation for services rendered, fees, costs, and expenses when properly shown by itemized and verified statement shall be filed with the auditor and allowed by the board in such amounts as shall be just and true, and when so allowed shall be paid on order of the board from the levee or drainage funds of the district for which such services were rendered or expenses incurred, by warrants drawn on the treasurer by the auditor.
[S13, §1989-a41; C24, 27, 31, 35, 39, §7588; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.169]
89 Acts, ch 126, §2
CS89, §468.157
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.158 - Purchase at tax sale.

468.158 Purchase at tax sale.
When land in a levee, drainage, or improvement district is being sold at a tax sale for delinquent taxes or assessment, the board of supervisors or the district trustees, as the case may be, shall have authority to bid in such land or any part of it, paying the amount of the bid from the funds of the district, and taking the certificate of sale in their names as trustees for such district, and may thereafter pay any assessments for taxes or benefits levied against said premises from the district funds. The amount paid for redemption which shall include such additional payment, shall be credited to the district.
[C24, 27, 31, 35, 39, §7589; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.170]
89 Acts, ch 126, §2
CS89, §468.158
Similar provisions, chapter 569
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.159 - Tax deed — sale or lease.

468.159 Tax deed — sale or lease.
1. If no redemption shall be made, the board of supervisors or trustees, as the case may be, shall receive the tax deed as trustees for the district. They shall credit the district with all income from said property. They may lease or sell and convey said property as trustees for such district and shall deposit all money received therefrom to the credit of such district.
2. The board of trustees may also lease or sell and convey such other property of the district, both real and personal, as is no longer needed for the purposes for which the district was established, and any such leases or sales and conveyances prior to July 1, 1970, are hereby legalized and declared to be valid and binding.
3. This amendment in 1978 shall not be construed to affect any litigation involving the lease, sale, or conveyance of property by the board of supervisors or board of trustees, as the case may be, of a drainage or levee district, which litigation is pending on July 1, 1978.
[C24, 27, 31, 35, 39, §7590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.171]
89 Acts, ch 126, §2
CS89, §468.159
2018 Acts, ch 1041, §127; 2019 Acts, ch 59, §161
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.160 - Purchase of tax certificate.

468.160 Purchase of tax certificate.
When land in a drainage or levee district, or subdistrict, is subject to an unpaid assessment and levy for drainage purposes and has been sold for taxes the board of supervisors of that county, or if control of the district has passed to trustees then such trustees, may purchase the certificate of sale issued by the county treasurer by depositing with the county treasurer the amount of money to which the holder of the certificate would be entitled if redemption was made at that time, and thereupon the rights of the holder of the certificate and the ownership thereof shall vest in the board of supervisors, or the trustees of that district, as the case may be, in trust for said drainage district or subdistrict.
[C31, 35, §7590-c1; C39, §7590.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.172]
89 Acts, ch 126, §2
CS89, §468.160
97 Acts, ch 121, §27
Referred to in §468.166
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.161 - Terms of redemption.

468.161 Terms of redemption.
Redemption from said tax sale shall be made on such terms as may be agreed upon between such board of supervisors or such trustees and the owner of the land involved; but in any case in which the owner of said land will pay as much as fifty percent of the value of the land at the time of redemption the owner shall be permitted to redeem. If the parties cannot agree upon such value, either of them may bring an action against the other in the district court of the county where the land is situated, and the court shall determine the matter. The proceeding shall be triable in equity.
[C31, 35, §7590-c2; C39, §7590.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.173]
89 Acts, ch 126, §2
CS89, §468.161
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.162 - Payment — assignment of certificate.

468.162 Payment — assignment of certificate.
When such money is deposited with the county treasurer, the treasurer shall by mail notify the purchaser at the tax sale, or the latter’s assignee if of record, and shall pay to the holder of such certificate the sum of money deposited with the treasurer for that purpose on surrender of the certificate with proper assignment thereon to the board of supervisors, or to the trustees of the district, as the case may be, as trustee for the district.
[C31, 35, §7590-c3; C39, §7590.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.174]
89 Acts, ch 126, §2
CS89, §468.162
97 Acts, ch 121, §28
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.163 - Funds.

468.163 Funds.
Payment to the county treasurer for such certificate shall be from the fund of said drainage or levee district, or subdistrict, on a warrant issued against that fund which shall have precedence over all other outstanding warrants drawn against that fund in the order of their payment. Should there not be a sufficient amount in the fund of said district, or subdistrict, to pay said warrant then the board of supervisors, or the trustees of the district, as the case may be, are authorized to borrow a sum of money sufficient for that purpose on a warrant for that amount on the fund of the district, or subdistrict, which warrant shall bear interest from date at a rate not exceeding that permitted by chapter 74A and shall have preference in payment over all other unpaid warrants on said fund, and the county treasurer shall so enter the same on the list of warrants in the treasurer’s office and call the same for payment as soon as there is sufficient money in said fund.
[C31, 35, §7590-c4; C39, §7590.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.175]
89 Acts, ch 126, §2
CS89, §468.163
97 Acts, ch 121, §29
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.164 - Lease or sale of land.

468.164 Lease or sale of land.
If said certificate goes to deed to the board or to the trustees, all leases and sales of the land shall be effected and record thereof made in the same manner in which leases and sales are effected and record thereof made when the county acquires title as a purchaser under execution sale.
[C31, 35, §7590-c5; C39, §7590.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.176]
89 Acts, ch 126, §2
CS89, §468.164
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.166 - Purchase by bondholder.

468.166 Purchase by bondholder.
In any event where upon the request of the holder of any bond or bonds issued by any drainage district the board of supervisors shall fail, neglect or refuse to purchase the certificate of sale issued by the county treasurer and referred to in section 468.160 in manner and form as permitted by said section, the holder of such bond or bonds may, upon filing with the county auditor a sworn statement as to the making of such written request upon the board of supervisors and a recital of the failure of such board to act in the premises by complying with the provisions of said section, in the same manner and form purchase such certificate and the ownership thereof shall thereupon vest in such holder of such bond or bonds in trust for said drainage district or subdistrict, provided, however, that the holder shall have a lien upon said certificate and any beneficial interest arising therefrom for the holder’s actual outlays including the holder’s reasonable expenses and attorney’s fees, if any, incurred in the premises. In the event any such holder of any bond or bonds shall acquire title the holder shall have a right to lease or convey said premises, upon giving thirty days’ written notice to the board of supervisors by filing the same with the county auditor and in the event said board shall not approve said lease or sale, the same shall be referred to the district court of the county where the land is situated and there tried and determined in the manner prescribed in section 468.160. Any funds realized from the lease or sale of said land shall be first applied in extinguishing the lien of the holder of the certificate herein provided for and the balance shall be paid to the said drainage bond fund of said district.
[C35, §7590-g1; C39, §7590.7; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.178]
89 Acts, ch 126, §2
CS89, §468.166
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.167 - Voting power.

468.167 Voting power.
In case any proposition arises in said district to be determined by the vote of parties owning land therein, notice of such hearing shall be given and the board of supervisors or trustees, as the case may be, while holding title in trust to any such land, shall have the same right to vote for or against such proposition as the former owner would have had if the former owner had not been divested of the title to said land.
[C24, 27, 31, 35, 39, §7591; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.179]
89 Acts, ch 126, §2
CS89, §468.167
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.168 - Inspection of improvements.

468.168 Inspection of improvements.
The board of any county into which a levee or drainage improvement extends shall cause a competent engineer to inspect such levee or drainage improvement as often as it deems necessary for the proper maintenance and efficient service thereof. The engineer shall make report to the board of the condition of the improvement, together with such recommendations as the engineer deems necessary. For any claim for services and expenses of inspection, the engineer shall file with the auditor an itemized and verified account of such service and expense to be allowed by the board in such amount as it shall find due and paid out of the drainage funds of the district. If the district extends into two or more counties, such action shall be had jointly by the several boards, and the expenses equitably apportioned among the lands in the different counties.
[S13, §1989-a44; C24, 27, 31, 35, 39, §7592; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.180]
89 Acts, ch 126, §2
CS89, §468.168
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.169 - Watchpersons.

468.169 Watchpersons.
When a levee has been established and constructed in any county, the board shall be empowered to employ one or more watchpersons, and fix their compensation, whose duty it shall be to watch such levee and make repairs thereon in case of emergency. Such employee shall file with the auditor an itemized, verified account for services rendered, and cost and expense incurred in watching or repairing such levee, and the same shall be audited and allowed by the board as other claims and paid by the county from funds belonging to such district.
[S13, §1989-a40; C24, 27, 31, 35, 39, §7593; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.181]
89 Acts, ch 126, §2
CS89, §468.169
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.170 - Technical defects.

468.170 Technical defects.
The collection of drainage taxes and assessments shall not be defeated where the board has acquired jurisdiction of the interested parties and the subject matter, on account of technical defects and irregularities in the proceedings occurring prior to the order of the board locating and establishing the district and the improvements therein.
[S13, §1989-a46; C24, 27, 31, 35, 39, §7595; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.183]
89 Acts, ch 126, §2
CS89, §468.170
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.171 - Conclusive presumption of legality.

468.171 Conclusive presumption of legality.
The final order establishing such district when not appealed from, shall be conclusive that all prior proceedings were regular and according to law.
[S13, §1989-a46; C24, 27, 31, 35, 39, §7596; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.184]
89 Acts, ch 126, §2
CS89, §468.171
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.172 - Drainage record book.

468.172 Drainage record book.
The board shall provide a drainage record book, which shall be in the custody of the auditor, who shall keep a full and complete record therein of all proceedings relating to drainage districts, so arranged and indexed as to enable any proceedings relative to any particular district to be examined readily.
[S13, §1989-a14, -a42; C24, 27, 31, 35, 39, §7597; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.185]
89 Acts, ch 126, §2
CS89, §468.172
Referred to in §468.27, 468.298
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.173 - Records belong to district.

468.173 Records belong to district.
All reports, maps, plats, profiles, field notes, and other documents pertaining to said matters, including all schedules, and memoranda relating to assessment of damages and benefits, shall belong to the district to which they relate, remain on file in the office of the county auditor, and be matters of permanent record of drainage proceedings.
[C24, 27, 31, 35, 39, §7598; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.186]
89 Acts, ch 126, §2
CS89, §468.173
Referred to in §468.27, 468.298
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.174 - Membership in the national drainage association.

468.174 Membership in the national drainage association.
1. Any drainage district may join and become a member of the national drainage association. A drainage district may pay a membership fee and annual dues upon the approval of the drainage board of such district, but not in excess of the following:
a. One hundred dollars for drainage districts having indebtedness in excess of one million dollars.
b. Fifty dollars for drainage districts having an indebtedness of five hundred thousand dollars and less than one million dollars.
c. Twenty-five dollars for drainage districts having an indebtedness of two hundred fifty thousand dollars and less than five hundred thousand dollars.
d. Ten dollars for drainage districts having an indebtedness less than two hundred fifty thousand dollars.
2. The annual dues for any district shall not exceed one-twentieth of one percent of the outstanding indebtedness of the district.
[C31, 35, §7598-c1; C39, §7598.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.187]
89 Acts, ch 126, §2
CS89, §468.174
2012 Acts, ch 1023, §66
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.175 - Membership fee.

468.175 Membership fee.
The cost of membership fees and dues shall be assessed against the land in the drainage district and collected in the same manner and in the same ratio as assessments for the cost and maintenance of the drainage district.
[C31, 35, §7598-c2; C39, §7598.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.188]
89 Acts, ch 126, §2
CS89, §468.175
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.176 - Other associations.

468.176 Other associations.
Levee or drainage districts are authorized to become members of drainage associations for their mutual protection and benefit, and may pay dues and membership fees therein out of the maintenance funds.
[C39, §7598.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.189]
89 Acts, ch 126, §2
CS89, §468.176
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.177 - Receiver authorized.

468.177 Receiver authorized.
Whenever the governing board of any drainage or levee district becomes the owner of a tax sale certificate, for any tract of land within the district, and one or more year’s taxes subsequent to the tax certificate have gone delinquent, the said governing board may, on behalf of such district, make application to the district court of the county within which such real estate or a part thereof is situated, for the appointment of a receiver to take charge of said delinquent real estate.
[C35, §7598-e1; C39, §7598.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.190]
89 Acts, ch 126, §2
CS89, §468.177
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.178 - Hearing and notice thereof.

468.178 Hearing and notice thereof.
Upon the filing of the petition for such appointment, the court shall fix a time and place of hearing thereon, and shall prescribe and direct the manner for the service of notice upon the owner, lienholders and persons in possession of said real estate, of the pendency of said application.
[C35, §7598-e2; C39, §7598.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.191]
89 Acts, ch 126, §2
CS89, §468.178
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.179 - Appointment — grounds.

468.179 Appointment — grounds.
Said application shall be heard by the court, at the time and place so designated, and after hearing thereon the court may appoint one of the members of the governing board of said drainage or levee district as receiver for said real estate, on the grounds that the said real estate is producing returns, and that the general and special taxes against the same are not being paid, and direct the receiver to forthwith take possession of the same and to collect the rents, issues and profits therefrom.
[C35, §7598-e3; C39, §7598.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.192]
89 Acts, ch 126, §2
CS89, §468.179
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.180 - Bond.

468.180 Bond.
The cost of the premium of the bond of such receiver shall be paid for out of the general funds of the drainage or levee district, and no charge shall be made by the receiver for compensation in said cause.
[C35, §7598-e4; C39, §7598.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.193]
89 Acts, ch 126, §2
CS89, §468.180
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.181 - Avoidance of receivership.

468.181 Avoidance of receivership.
The owner of any such tract of real estate may avoid the appointment of such receiver, either before or after the action is commenced, by entering into a good and sufficient written instrument with the governing board of such district, agreeing to apply the rent share of the products of said land, or its equivalent to the payment of taxes thereon.
[C35, §7598-e5; C39, §7598.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.194]
89 Acts, ch 126, §2
CS89, §468.181
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.182 - Preference in leasing.

468.182 Preference in leasing.
In the event a receiver is appointed for any tract of land, the owner if actually in possession thereof, shall have the preference to rent the same.
[C35, §7598-e6; C39, §7598.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.195]
89 Acts, ch 126, §2
CS89, §468.182
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.183 - Rents — application of.

468.183 Rents — application of.
The rents, issues and profits of the real estate when collected by the receiver, shall be applied as follows:
1. To the payment of the costs and expenses of the receivership.
2. To the payment of current general taxes against said real estate.
3. To the payment of any current special taxes against said real estate.
4. The surplus shall be applied upon any delinquent taxes or tax certificates, and the remainder, if any, shall be paid to the owner of said real estate.
[C35, §7598-e7; C39, §7598.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.196]
89 Acts, ch 126, §2
CS89, §468.183