House File 2326 - Introduced HOUSE FILE 2326 BY MAXWELL A BILL FOR An Act relating to improvements to land in drainage and 1 levee districts, by providing for the construction or 2 reconstruction of drainage tile lines by railroad companies. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5734YH (3) 88 da/ns
H.F. 2326 Section 1. Section 468.109, Code 2020, is amended to read 1 as follows: 2 468.109 Construction across railroad. 3 Whenever the board of supervisors shall have established 4 any levee, or drainage district, or change of any natural 5 watercourse and the levee, ditch, drain, or watercourse as 6 surveyed and located crosses the right-of-way of any railroad 7 company, the county auditor shall immediately cause to be 8 served upon such the railroad company, in the manner provided 9 for the service of original notices, a notice in writing 10 stating the nature of the improvement to be constructed, the 11 place where it will cross the right-of-way of such the company, 12 and the full requirements for its complete construction across 13 such the right-of-way as shown by the plans, specifications, 14 plat, and profile of the engineer appointed by the board, and 15 directing such the company to construct such the improvement 16 according to said plans and specifications at the place 17 designated, across its right-of-way, and to build and construct 18 or rebuild and reconstruct the necessary drainage tile line, 19 culvert , or bridge where any ditch, drain, or watercourse 20 crosses its right-of-way, so as not to obstruct, impede, or 21 interfere with the free flow of the water therein, within 22 thirty days from the time of the service of such the notice 23 upon it. 24 Sec. 2. Section 468.110, Code 2020, is amended to read as 25 follows: 26 468.110 Duty to construct. 27 Upon receiving the notice provided in section 468.109 , such 28 the railroad company shall construct the improvement across 29 its right-of-way according to the plans and specifications 30 prepared by the engineer for said district the board , and build 31 or rebuild the necessary drainage tile line, culvert , or bridge 32 and complete the same within the time specified. 33 Sec. 3. Section 468.111, Code 2020, is amended to read as 34 follows: 35 -1- LSB 5734YH (3) 88 da/ns 1/ 2
H.F. 2326 468.111 Bridges at natural waterway —— costs. 1 The cost of building, rebuilding, constructing, 2 reconstructing, changing, or repairing, as the case may be, 3 any drainage tile line, culvert , or bridge, when such the 4 improvement is located at the place of the natural waterway 5 or place provided by the railroad company for the flow of the 6 water, shall be borne by such the railroad company without 7 reimbursement therefor. 8 Sec. 4. Section 468.113, Code 2020, is amended to read as 9 follows: 10 468.113 Cost of construction across railway. 11 The cost of constructing the improvement across the 12 right-of-way of such the railroad company, not including 13 the cost of building or rebuilding and constructing or 14 reconstructing any necessary drainage tile line, culvert , or 15 bridge, when such the improvement is located at the place of 16 the natural waterway or place provided by the railroad company 17 for the flow of the water, shall be considered as an element 18 of such the company’s damages by the appraiser to appraise 19 damages. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill provides for improvements to land which is part 24 of a drainage or levee district as established by a board of 25 supervisors (board), and which may include land owned by a 26 railroad company (company). The board may notify a company to 27 construct or reconstruct a culvert or bridge that intersects 28 with a railroad right-of-way so as not to interfere with the 29 drainage of surface water. The company must comply with the 30 terms of the board’s notice at the company’s expense. The bill 31 provides that the same procedure governs the construction or 32 reconstruction of a drainage tile line. 33 -2- LSB 5734YH (3) 88 da/ns 2/ 2