Senate
File
2014
-
Introduced
SENATE
FILE
2014
BY
HANCOCK
A
BILL
FOR
An
Act
relating
to
flood
prevention
by
providing
for
the
1
alteration
of
a
water
channel
in
connection
with
a
project
2
for
highway
construction
or
improvement.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
306.27,
Code
2011,
is
amended
to
read
as
1
follows:
2
306.27
Changes
for
safety,
economy,
and
utility
,
and
flood
3
prevention
.
4
1.
The
state
department
of
transportation
as
to
primary
5
roads
and
the
boards
of
supervisors
as
to
secondary
roads
on
6
their
own
motion
may
change
the
course
of
any
part
of
any
7
road
or
stream,
watercourse,
or
dry
run
and
may
pond
water
in
8
order
to
avoid
the
construction
and
maintenance
of
bridges,
9
or
to
avoid
grades,
or
railroad
crossings,
or
to
straighten
a
10
road,
or
to
cut
off
dangerous
corners,
turns
or
intersections
11
on
the
highway,
or
to
widen
a
road
above
statutory
width,
or
12
for
the
purpose
of
preventing
the
encroachment
of
a
stream,
13
watercourse,
or
dry
run
upon
the
highway.
The
department
and
14
the
board
of
supervisors
shall
conduct
their
proceedings
under
15
this
subsection
in
the
manner
and
form
prescribed
in
chapter
16
6B
,
except
that
the
board
of
supervisors
may
use
the
form
17
prescribed
in
sections
306.28
to
306.37
for
the
condemnation
of
18
right-of-way
that
is
contiguous
to
existing
road
right-of-way
19
and
necessary
for
the
maintenance,
safety
improvement,
or
20
upgrade
of
the
existing
secondary
road.
21
2.
The
department
of
transportation
as
to
primary
roads
and
22
the
boards
of
supervisors
as
to
secondary
roads
may
straighten,
23
deepen,
or
otherwise
improve
any
channel,
river,
stream,
or
24
other
watercourse
as
necessary
to
prevent
future
flooding
25
of
property
in
the
path
of
the
channel,
river,
stream,
or
26
watercourse
which
may
occur
as
a
result
of
a
highway
project.
27
The
department
and
the
board
of
supervisors
shall
conduct
28
their
proceedings
under
this
subsection
in
the
manner
and
form
29
prescribed
in
chapter
6B.
30
3.
Changes
made
under
this
section
are
subject
to
chapter
31
455B
and
chapter
459,
subchapters
II
and
III
.
32
EXPLANATION
33
Under
current
law,
the
department
of
transportation
as
34
to
primary
roads
and
county
boards
of
supervisors
as
to
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secondary
roads
are
authorized
to
change
the
course
of
any
1
stream,
watercourse,
or
dry
run
and
to
pond
water
in
order
to
2
facilitate
a
highway
project,
to
improve
a
highway,
or
to
avoid
3
flooding
of
a
highway.
Changes
made
to
any
watercourse
by
the
4
department
or
a
board
of
supervisors
are
subject
to
existing
5
statutes
and
rules
under
the
purview
of
the
department
of
6
natural
resources.
7
This
bill
allows
the
department
or
a
board
of
supervisors
to
8
straighten,
deepen,
or
otherwise
improve
any
channel,
river,
9
stream,
or
other
watercourse
if
a
highway
project
results
in
10
a
situation
that
might
contribute
to
flooding
in
areas
that
11
are
not
part
of
the
highway
right-of-way.
The
department
and
12
boards
of
supervisors
are
authorized
to
use
procedures
under
13
eminent
domain
for
this
purpose.
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