§ 468.38 — Commissioners to classify and assess

Iowa § 468.38

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

Text

When a levee or drainage district has been located and finally established or, unless
otherwise provided by law, when the required proceedings have been taken to enlarge,
deepen, widen, change, or extend any of the ditches, laterals, settling basins, or drains of a
district, or the required proceedings have been taken to annex additional lands to a district,
or a plan of the United States government for original construction of the improvements in a
district has been adopted by the district under sections 468.201 through 468.216, the board
shall appoint three commissioners to assess benefits and classify the lands affected by the
improvement. One of the commissioners shall be a competent civil engineer and two of
them shall be resident freeholders of the county in which the district is located, but not living
within, nor interested in, any lands included in the district, nor related to any party whose
land is affected by the district. The commissioners shall take and subscribe an oath of their
qualifications and to perform the duties of classification of the lands, to fix the percentages
of benefits, apportion and assess the costs and expenses of constructing the improvement,
divide and rename original improvements, and, if included in the board’s resolution, adopt
special common outlet classifications to be maintained independent of the district’s regular
assessment schedules, according to law and their best judgment, skill, and ability. If the
commissioners or any of them fail or neglect to act or perform the duties in the time and as

required of them by law, the board shall appoint others with like qualifications to take their
places and perform the duties.

Legislative History

[SS15, §1989-a12; C24, 27, 31, 35, 39, §7464; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.45]