HF 2326 (LSB 5734YH (3) 88)

HOUSE FILE 2326

BY  MAXWELL

A BILL FOR

An Act relating to improvements to land in drainage and levee districts, by providing for the construction or reconstruction of drainage tile lines by railroad companies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 468.109, Code 2020, is amended to read as follows:
   468.109  Construction across railroad.
   Whenever the board of supervisors shall have established any levee, or drainage district, or change of any natural watercourse and the levee, ditch, drain, or watercourse as surveyed and located crosses the right-of-way of any railroad company, the county auditor shall immediately cause to be served upon such the railroad company, in the manner provided for the service of original notices, a notice in writing stating the nature of the improvement to be constructed, the place where it will cross the right-of-way of such the company, and the full requirements for its complete construction across such the right-of-way as shown by the plans, specifications, plat, and profile of the engineer appointed by the board, and directing such the company to construct such the improvement according to said plans and specifications at the place designated, across its right-of-way, and to build and construct or rebuild and reconstruct the necessary drainage tile line, culvert, or bridge where any ditch, drain, or watercourse crosses its right-of-way, so as not to obstruct, impede, or interfere with the free flow of the water therein, within thirty days from the time of the service of such the notice upon it.
    Sec. 2.  Section 468.110, Code 2020, is amended to read as follows:
   468.110  Duty to construct.
   Upon receiving the notice provided in section 468.109, such the railroad company shall construct the improvement across its right-of-way according to the plans and specifications prepared by the engineer for said district the board, and build or rebuild the necessary drainage tile line, culvert, or bridge and complete the same within the time specified.
    Sec. 3.  Section 468.111, Code 2020, is amended to read as follows:
   468.111  Bridges at natural waterway —— costs.
   The cost of building, rebuilding, constructing, reconstructing, changing, or repairing, as the case may be, any drainage tile line, culvert, or bridge, when such the improvement is located at the place of the natural waterway or place provided by the railroad company for the flow of the water, shall be borne by such the railroad company without reimbursement therefor.
    Sec. 4.  Section 468.113, Code 2020, is amended to read as follows:
   468.113  Cost of construction across railway.
   The cost of constructing the improvement across the right-of-way of such the railroad company, not including the cost of building or rebuilding and constructing or reconstructing any necessary drainage tile line, culvert, or bridge, when such the improvement is located at the place of the natural waterway or place provided by the railroad company for the flow of the water, shall be considered as an element of such the company’s damages by the appraiser to appraise damages.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for improvements to land which is part of a drainage or levee district as established by a board of supervisors (board), and which may include land owned by a railroad company (company). The board may notify a company to construct or reconstruct a culvert or bridge that intersects with a railroad right-of-way so as not to interfere with the drainage of surface water. The company must comply with the terms of the board’s notice at the company’s expense. The bill provides that the same procedure governs the construction or reconstruction of a drainage tile line.