Iowa § 468.27 Dismissal or establishment — permanent easement

Iowa Statutes

§ 468.27 — Dismissal or establishment — permanent easement

Iowa § 468.27

Title XINATURAL RESOURCES

Ch. 468LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS

This text of Iowa § 468.27 (Dismissal or establishment — permanent easement) 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.

Bluebook

Iowa Code § 468.27 (2026).

Text

1.The board shall at the meeting, or at an adjourned session of the meeting, consider the costs of construction of the improvement as shown by the reports of the engineer and the amountofdamagesandcompensationawardedtoallclaimants. If,intheboard’sopinion,the costs of construction and amount of damages awarded create a greater burden than should justly be borne by the lands benefited by the improvement, the board shall then dismiss the petition and assess the costs and expenses to the petitioners and their sureties. However, if the board finds that the cost and expense is not a greater burden than should be justly borne bythelandbenefitedbytheimprovement, thentheboardshallfinallyandpermanentlylocate and establish the district and improvement.

2.Following the establishment of the district,

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1. The board shall at the meeting, or at an adjourned session of the meeting, consider
the costs of construction of the improvement as shown by the reports of the engineer and the
amountofdamagesandcompensationawardedtoallclaimants. If,intheboard’sopinion,the
costs of construction and amount of damages awarded create a greater burden than should
justly be borne by the lands benefited by the improvement, the board shall then dismiss the
petition and assess the costs and expenses to the petitioners and their sureties. However, if
the board finds that the cost and expense is not a greater burden than should be justly borne
bythelandbenefitedbytheimprovement, thentheboardshallfinallyandpermanentlylocate
and establish the district and improvement.
2. Following the establishment of the district, the drainage district is deemed to have
acquired by permanent easement all rights-of-way for drainage district ditches, tile lines,
settling basins and other improvements, unless the rights-of-way are acquired by fee simple,
in the dimensions shown on the survey and report made in compliance with sections 468.11
and 468.12 or as shown on the permanent survey, plat, and profile, if one is made. Upon the
establishment of the district, the petitioners shall file with the county auditor the survey and
report or permanent survey, plat, and profile, as set forth in sections 468.172 and 468.173.
Thisfilingconstitutesconstructivenoticetoallpersonsoftherightsconferredbythissection.
The permanent easement includes the right of ingress and egress across adjoining land and
therightofaccessformaintenance,repair,improvement,andinspection. Theownerorlessee
shall be reimbursed for any crop damages incurred in the maintenance, repair, improvement,
and inspection except within the right-of-way of the drainage district.
3. a. When the county auditor first receives either the survey and report, or a permanent
survey, plat, and profile, as provided in subsection 2, the county auditor shall prepare and file
with the county recorder a district parcel record that identifies all parcels contained within
the district that is part of the county. The parcel record filed by the county auditor with
the county recorder must also include the legal description, parcel identification number, if
known, and names of the owners as shown in transfer books in the office of the auditor, for
each forty-acre tract or fraction thereof. The county auditor shall provide the county recorder
with any amendment to the district parcel record within a reasonable period after receiving
the amendment. A county shall not charge a district a filing fee or any other cost or expense
under this subsection, including an expense described in section 468.154.
b. (1) A county auditor who has not filed a document described in paragraph “a” as a
district parcel record with the county recorder before July 1, 2025, shall prepare and file the
district parcel record on or before June 30, 2026.
(2) This paragraph “b” is repealed July 1, 2026.