Text: HF00341                           Text: HF00343
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 342

Partial Bill History

• Bill Introduced: H.J. 393
• Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 468.621, Code 1999, is amended to read
  1  2 as follows:
  1  3    468.621  DRAINAGE IN COURSE OF NATURAL DRAINAGE –
  1  4 RECONSTRUCTION – DAMAGES.
  1  5    Owners The owner of land may drain the land in the general
  1  6 course of natural drainage by constructing or reconstructing
  1  7 open or covered drains, and discharging the drains in any
  1  8 natural watercourse or depression so the water will be carried
  1  9 into some other natural watercourse, and if.  If the drainage
  1 10 is wholly upon the owner's land the owner is not liable in
  1 11 damages for the drainage unless it increases the quantity of
  1 12 water or changes the manner of discharge on the land of
  1 13 another.  An owner in constructing a replacement drain, wholly
  1 14 on the owner's land, and in the exercise of due care, is not
  1 15 liable in damages to another person if a previously
  1 16 constructed drain on the owner's own land is rendered
  1 17 inoperative or less efficient by the new drain, unless in
  1 18 violation of the terms of a written contract.  This section
  1 19 does not affect the rights or liabilities of proprietors in
  1 20 respect to running streams.  
  1 21                           EXPLANATION 
  1 22    This bill amends Code section 468.621 that provides that a
  1 23 landowner may drain land in the general course of natural
  1 24 drainage by constructing or reconstructing open or covered
  1 25 drains.  The section provides that if the drainage occurs
  1 26 wholly upon the owner's land, the owner is not liable for
  1 27 damages claimed to result from the drainage.  The section also
  1 28 currently provides one exception:  the owner may be liable if
  1 29 the construction or reconstruction changes the quantity of
  1 30 water or changes the manner of discharge onto the land of
  1 31 another person.  This bill eliminates that exception.  
  1 32 LSB 2119HH 78
  1 33 da/gg/8
     

Text: HF00341                           Text: HF00343
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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