Title XI, NATURAL RESOURCES (Ch. 455 - 485)

If any controversy referred to in section 468.619 relates to a boundary line between adjoining owners which is also the boundary line between two counties, then such controversy shall be determined by the joint action of the boards of supervisors in said two adjoining counties, a…

Owners of land may drain the land in the general course of natural drainage by constructing or reconstructing open or covered drains, discharging the drains in any natural watercourse or depression so the water will be carried into some other natural watercourse, and if the drain…

1. When the course of natural drainage of any land runs to a public highway, the owner of such land shall have the right to enter upon the highway for the purpose of connecting the owner’s drain or ditch with any drain or ditch constructed along or across the highway. In making t…

1. Any person who has provided a system of drainage on land owned by the person may have the same made a matter of record in the office of the county recorder of the county in which the drainage system is located, provided any drainage system constructed after July 1, 1969, shall…

In lieu of making the record as provided in section 468.623 , any landowner may file with the county recorder the original plat used in the establishment of the drainage system, or a copy of the plat, which shall be certified by the engineer having made the same. If practicable, …

The drainage records provided for in this subchapter shall not be construed as an essential part of the title to said lands, but may upon request be set out by abstracters as part of the record title of said lands. [C24, 27, 31, 35, 39, § 7742; C46, 50, 54, 58, 62, 66, 71, 73, 75…

When information is filed with the county recorder pursuant to section 468.623 or 468.626 , the recorder shall collect recording fees in the amounts specified in section 331.604 . [C24, 27, 31, 35, 39, § 7743; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.29 ] 89 Acts, ch…

When the records of any mutual drain are incomplete or have been lost, or when the owner of any land affected by such mutual drain believes that the apportionment of costs or damages is inequitable or that repair or reconstruction is needed, such owner may petition the board of s…

After the establishment of a drainage district, a person owning land within the district which has been assessed for benefits, but which is separated from the main ditch, drain, or watercourse for which it has been so assessed, by the land of others, who desires a ditch or drain …

Whenever a landowner fails to pay the cost apportioned as provided in section 468.629 , or whenever a repair or reconstruction ordered as provided in said section is not made within reasonable time, and in such other instances as the board of supervisors desires, the board by res…

The decisions and actions of the board of supervisors under section 468.630 may be appealed as provided in sections 468.608 through 468.610 . [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.32 ] 89 Acts, ch 126, §2 CS89, §468.631

When the lands served by a mutual drain are within the boundary of an established drainage district, a complete record of the proceeding relating to such mutual drain shall be filed with and as a part of, the records of such established district. [C50, 54, 58, 62, 66, 71, 73, 75,…

If the records referred to in section 468.632 are incomplete or have been lost, the board may reestablish such records so as to proportion future costs and damages in proportion to the benefits and damages received because of the construction of such mutual drains and improvement…

Upon receipt of a petition, signed by the owners of the lands served by a mutual drain, requesting that such drain be combined with an established drainage district, the board shall hold a hearing with due notice to the owners of all lands affected by said mutual drain, and if th…

Such connecting ditch or drain which a person shall cause to be constructed shall be presumed conducive to the public health, welfare, convenience, and utility the same as if it had been so constructed as a part of the original improvement of said district. When such subdistrict …

1. When, after a drainage or levee district has been established, except districts established by mutual agreement in accordance with section 468.142 , and the improvements thereof constructed and put in operation, there has been a material change as to lands occupied by highway …

If the board determines that a change described in section 468.62 increases the cost of the improvement in excess of the adjusted competitive bid threshold, the work shall be let by bids in the same manner as is provided for the original construction of such improvements. [C24, 2…

The proceedings for such reclassification shall in all particulars be governed by the same rules as for original classification. The commissioners shall fix the percentage of actual benefits and make an equitable apportionment of the costs and expenses of such repairs, improvemen…

Warrants drawn upon the construction or maintenance funds of any district for which an assessment has been or must be levied, shall be transferable by endorsement, and may be acquired by any taxpayer of such district and applied at their accrued face value upon the assessment lev…

Bonds issued for the cost of construction, maintenance, or repair of any drainage or levee district improvements, or for the refunding of any obligation of such district may be acquired by any taxpayer or group of taxpayers of such district and applied at their face value in the …

In the event two or more landowners included in the proposed district other than the petitioners request a classification prior to the establishment of said district, they shall file in writing their request and execute a bond as required in section 468.9 to cover the expense of …

1. The board may provide by resolution for the payment of assessments in not more than twenty annual installments with interest at a rate determined by the board, notwithstanding chapter 74A . The board may issue warrants bearing interest at the same rate, which warrants shall be…

Each improvement certificate shall state the amount of one or more drainage assessments or part thereof made against the property, designating the property and the owner thereof liable for the payment of the assessments. The certificates shall be negotiable and transfer to the be…

Improvement certificates issued under section 468.70 shall bear interest at a rate determined by the board, payable annually, and shall be paid by the taxpayer to the county treasurer, who shall receipt for the interest payment and cause the amount to be credited on the certifica…

Any person shall have the right to pay the amount of the person’s assessment represented by any outstanding improvement certificate, with the interest thereon to the date of such payment, at any time. No improvement certificate shall be issued or negotiated for the use of the dra…

1. When a drainage district has been established or the making of any subsequent repair or improvement determined upon, if the board of supervisors shall find that the cost of such improvement will create assessments against the land included in the district that are greater than…

Each of such bonds shall be numbered and have printed upon its face that it is a “Drainage Bond”, stating the county and number of the district for which it is issued, the date and maturity thereof, that it is in pursuance of a resolution of the board of supervisors, and that it …

In no case shall the aggregate amount of all bonds issued exceed the benefits assessed. The bonds shall not be issued for a greater amount than the aggregate amount of assessments for the payment of which they are issued, nor for a longer period of maturity than twenty years. The…

The board shall fix the amount, maturity, and interest of all bonds to be issued. It shall determine the amount of assessments to highways for benefits within the district to be covered by each bond issue. The taxes levied for benefits to highways and other public lands within an…

Such bonds may be applied at par with accrued interest to the payment of work as it progresses upon the improvements of the district, or, the board may sell, through the county treasurer, said bonds at not less than par with accrued interest and devote the proceeds to such paymen…

If any levy of assessments is not sufficient to meet the interest and principal of outstanding bonds, or if default shall occur by reason of nonpayment of assessments, additional assessments may be made on the same classification as the previous ones. Additional bond issues may b…

The petition shall set forth: 1. An intelligible description, by congressional subdivision or otherwise, of the lands suggested for inclusion in the district. 2. That said lands are subject to overflow or are too wet for cultivation or subject to erosion or flood danger. 3. That …

Drainage districts may settle, adjust, renew, or extend the time of payment of the legal indebtedness they may have, or any part thereof, in the sum of one thousand dollars or upwards, whether evidenced by bonds, warrants, certificates, or judgments, and may fund or refund the sa…

A record of the numbers, amounts, and maturities of all such bonds shall be kept by the auditor showing specifically the lands embraced in the district upon which the tax has not been previously paid in full. [S13, §1989-a27; C24, 27, 31, 35, 39, § 7510; C46, 50, 54, 58, 62, 66, …

The board, at the time of making the levy, shall fix a time within which all assessments in excess of one hundred dollars may be paid, and before any bonds are issued, publish notice in an official newspaper in the county where the district is located, of such time. After the exp…

1. Any person aggrieved may appeal from any final action of the board in relation to any matter involving the person’s rights, to the district court of the county in which the proceeding was held. 2. In districts extending into two or more counties, appeals from final orders resu…

All appeals shall be taken within twenty days after the date of final action or order of the board from which such appeal is taken by filing with the auditor a notice of appeal, designating the court to which the appeal is taken and the order or action appealed from, and stating …

When notice of any appeal with the bond as required by section 468.84 shall be filed with the auditor, the auditor shall forthwith make and certify a transcript of the notice of appeal and appeal bond, and file the same with the clerk. [S13, §1989-a14; C24, 27, 31, 35, 39, § 7516…

Within twenty days after perfection of the appeal the appellant shall file a petition setting forth the order or final action of the board appealed from and the grounds of the appellant’s objections and the appellant’s complaint, with a copy of the appellant’s claim for damages o…

It shall not be necessary for the appellees to file an answer to the petition unless some affirmative defense is made thereto, but they may do so. [S13, §1989-a14; C24, 27, 31, 35, 39, § 7518; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.97 ] 89 Acts, ch 126, §2 CS89, §4…

In all actions or appeals affecting the district, the board of supervisors shall be a proper party for the purpose of representing the district and all interested parties therein, other than the adversary parties, and the employment of counsel by the board shall be for the purpos…

In all appeals or actions adversary to the district, the appellant or complaining party shall be entitled the plaintiff, and the board of supervisors and drainage district it represents, the defendants. [S13, §1989-a14; C24, 27, 31, 35, 39, § 7520; C46, 50, 54, 58, 62, 66, 71, 73…

1. There shall be filed with the petition a bond in an amount fixed and with sureties approved by the auditor, conditioned for the payment of all costs and expenses incurred in the proceedings in case the district is not finally established. 2. No preliminary expense shall be inc…

In all appeals or actions for or in behalf of the district, the board and the drainage district it represents may sue as the plaintiffs. [S13, §1989-a14; C24, 27, 31, 35, 39, § 7521; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.100 ] 89 Acts, ch 126, §2 CS89, §468.90 Ref…

Appeals from orders or actions of the board fixing the amount of compensation for lands taken for right-of-way or the amount of damages to which any claimant is entitled shall be tried as ordinary proceedings. All other appeals shall be triable in equity. The court may, in its di…

1. On the trial of an appeal from the action of the board in fixing and assessing the amount of benefits to any land within the district as established, it shall not be competent to show that any lands assessed for benefits within said district as established are not benefited in…