House File 2721 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HSB 763)

    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to drainage districts, by providing for a right
  2    to remonstrate.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6568HV 81
  5 da/sh/8

PAG LIN



  1  1    Section 1.  Section 468.28, Code 2005, is amended to read
  1  2 as follows:
  1  3    468.28  DISMISSAL ON REMONSTRANCE.
  1  4    If, at or before the time set for Before a final decision
  1  5 is made as part of a hearing as to the establishment of
  1  6 establish a proposed levee, drainage, or improvement district,
  1  7 except other than a subdrainage district, there shall have
  1  8 been a remonstrance may be filed with the county auditor, or
  1  9 auditors, in case the district extends into more than one
  1 10 county, a remonstrance.  The remonstrance must be signed by a
  1 11 majority of the landowners in the district, and these
  1 12 remonstrants must in the aggregate own seventy percent or more
  1 13 of the lands to be assessed for benefits or taxed for said the
  1 14 improvements, remonstrating against not counting land which is
  1 15 held by the federal or state government or a political
  1 16 subdivision.  The remonstrance shall oppose the establishment
  1 17 of said the levee, drainage, or improvement district, setting
  1 18 forth the reasons therefor, the.  The board or boards as the
  1 19 case may be, shall assess to the petitioners and their
  1 20 sureties or apportion the costs among them as the board or
  1 21 boards may deem just or as said the parties may agree upon.
  1 22 When all such costs have been paid, the board or boards of
  1 23 supervisors shall dismiss said the proceedings and cause to be
  1 24 filed with the county auditor all surveys, plats, reports, and
  1 25 records in relation to the proposed district.
  1 26                           EXPLANATION
  1 27    This bill amends Code section 468.28, which provides that
  1 28 persons may file a remonstrance before a drainage district is
  1 29 established by a board of supervisors or the boards of
  1 30 supervisors in joint counties involving a proposed inter=
  1 31 county drainage district.  In order to effectively
  1 32 remonstrate, a majority of landholders owning 70 percent or
  1 33 more of the lands subject to assessment of the proposed
  1 34 drainage district must object.  The bill provides that the
  1 35 remonstrance may be filed before a final decision is made by
  2  1 the board.  For purposes of counting the 70 percent land
  2  2 ownership threshold, the bill excludes public lands.
  2  3 LSB 6568HV 81
  2  4 da:rj/sh/8