Text: HF02210 Text: HF02212 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 468.112, Code Supplement 1999, is 1 2 amended to read as follows: 1 3 468.112 CONSTRUCTION WHEN RAILROAD COMPANY REFUSES. 1 4 If a railroad company does not comply with a notice 1 5 provided in section 468.109, the board shall provide for the 1 6 construction of the improvement under the supervision of the 1 7 engineer in charge of the improvement. The railroad company 1 8 shall be liable for the cost of the construction which shall 1 9 be collected by the county on behalf of the district in any 1 10 court having jurisdiction. The courtmayshall award a 1 11 prevailing county reasonable attorney fees incurred by the 1 12 county, to be paid by the railroad company and taxed as part 1 13 of the costs of the action. 1 14 Sec. 2. Section 468.621, Code 1999, is amended to read as 1 15 follows: 1 16 468.621 DRAINAGE IN COURSE OF NATURAL DRAINAGE – 1 17 RECONSTRUCTION – DAMAGES. 1 18OwnersThe owner of land may drain the land in the general 1 19 course of natural drainage by constructing or reconstructing 1 20 open or covered drains,and discharging the drains in any 1 21 natural watercourse or depression so the water will be carried 1 22 into some other natural watercourse, and if. If the drainage 1 23 is wholly upon the owner's land the owner is not liable in 1 24 damages for the drainageunless it increases the quantity of1 25water or changes the manner of discharge on the land of1 26another. An owner in constructing a replacement drain, wholly 1 27 on the owner's land, and in the exercise of due care, is not 1 28 liable in damages to another person if a previously 1 29 constructed drain on the owner's own land is rendered 1 30 inoperative or less efficient by the new drain, unless in 1 31 violation of the terms of a written contract. This section 1 32 does not affect the rights or liabilities of proprietors in 1 33 respect to running streams. 1 34 EXPLANATION 1 35 This bill amends several sections providing for drainage on 2 1 land, involving improvements under Code chapter 468. 2 2 The bill amends Code section 468.112 providing that a board 2 3 of supervisors may bring a legal action against a railroad 2 4 company to pay for improvements across a railroad right-of- 2 5 way. In 1999, the general assembly enacted House File 343 2 6 (1999 Iowa Acts, chapter 184) which amended section 468.112 to 2 7 provide that a court may award a prevailing county reasonable 2 8 attorney fees incurred by the county to be paid by the 2 9 railroad company. This bill amends the section to provide for 2 10 the mandatory payment of the fees. 2 11 The bill also amends Code section 468.621 which provides 2 12 that a landowner may drain land in the general course of 2 13 natural drainage by constructing or reconstructing open or 2 14 covered drains. The section provides that if the drainage 2 15 occurs wholly upon the owner's land, the owner is not liable 2 16 for damages claimed to result from the drainage. The section 2 17 also currently provides one exception: the owner may be 2 18 liable if the construction or reconstruction changes the 2 19 quantity of water or changes the manner of discharge onto the 2 20 land of another person. This bill eliminates that exception. 2 21 LSB 6174HH 78 2 22 da/gg/8
Text: HF02210 Text: HF02212 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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