This text of Iowa § 468.259 (Election in lieu of hearings) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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, howevertheprovisionsofsections49.43through49.47, andofsubchapterIIIofthis
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
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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, howevertheprovisionsofsections49.43through49.47, andofsubchapterIIIofthis
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.