§ 468.260 — Effect of dissolution, surrender, and acceptance

Iowa § 468.260

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

Text

When a contained district dissolves and surrenders its improvements and rights-of-way to
the jurisdiction and control of an overlying district, and the overlying district accepts those
improvements and rights-of-way, in accordance with sections 468.256 through 468.259:
1. It is presumed that the classification of the lands which were included in the dissolved
district, as previously determined by the commissioners in the classification of those lands
as a part of the overlying district, remains equitable and no reclassification of the overlying
district or any part of it is necessary.
2. The improvements surrendered and accepted are at all times under the supervision of
the board of the overlying district, and it is the duty of that board to keep the improvements
in repair as provided in section 468.126 as fully and completely as though the improvements
were a part of the original construction or improvements in the overlying district.
3. It is presumed that:
a. The improvements surrendered and accepted are an integral part of the overlying
district’s improvements, and are a public benefit and conducive to the public health,
convenience and welfare.
b. No value is taken into consideration for the existing improvements nor is credit given
to the parties owning them, and they shall not be considered an asset of the district that is
dissolved.
4. The original cost and the subsequent cost of improvements in the district that has been
dissolved are added to and become a part of the original cost and the subsequent cost of
improvements in the overlying district.

Legislative History

[C81, §456.15]