§ 468.146 — Outlet in adjoining county or in another state

Iowa § 468.146

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 468: LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS

Text

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.

Legislative History

[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]