§ 468.151 — Actions — settlement — counsel

Iowa § 468.151

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

Text

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
countyinwhichthegreaterportionofthedistrictissituatedshallbecustodianoftheprincipal
fund. The governing body of the district shall apply to the district court for authority to invest
thefundasprovidedbysection636.23,and,inadditiontotheinvestmentsapproved,thecourt

may authorize investment of the fund in interest-bearing bonds or warrants of the district.
Theincomefromthefundshallbedisbursedbydirectionofthegoverningbodyofthedistrict.

Legislative History

[C39, §7581.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.162]