Senate File 192 - Introduced SENATE FILE 192 BY BOWMAN 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 TLSB 1431XS (2) 85 dea/sc
S.F. 192 Section 1. Section 306.27, Code 2013, 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 Sec. 2. Section 331.304, subsection 8, Code 2013, is amended 33 to read as follows: 34 8. The power to take private property for public use shall 35 -1- LSB 1431XS (2) 85 dea/sc 1/ 2
S.F. 192 only be exercised by counties for public purposes which are 1 reasonable and necessary as an incident to the powers and 2 duties conferred upon counties, and in accordance with chapters 3 6A and 6B . Section 306.19 is also applicable to condemnation 4 of right-of-way for secondary roads. Sections Section 306.27 , 5 subsection 1, and sections 306.28 through 306.37 are applicable 6 to the condemnation of right-of-way that is contiguous to 7 existing road right-of-way and necessary for the maintenance, 8 safety improvement, or upgrade of the existing secondary road. 9 EXPLANATION 10 Under current law, the department of transportation as 11 to primary roads and county boards of supervisors as to 12 secondary roads are authorized to change the course of any 13 stream, watercourse, or dry run and to pond water in order to 14 facilitate a highway project, to improve a highway, or to avoid 15 flooding of a highway. Changes made to any watercourse by the 16 department or a board of supervisors are subject to existing 17 statutes and rules under the purview of the department of 18 natural resources. 19 This bill allows the department or a board of supervisors to 20 straighten, deepen, or otherwise improve any channel, river, 21 stream, or other watercourse if a highway project results in 22 a situation that might contribute to flooding in areas that 23 are not part of the highway right-of-way. The department and 24 boards of supervisors are authorized to use procedures under 25 eminent domain for this purpose. 26 -2- LSB 1431XS (2) 85 dea/sc 2/ 2