House
File
2552
-
Introduced
HOUSE
FILE
2552
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HF
2325)
(COMPANION
TO
SF
2175
BY
SWEENEY)
A
BILL
FOR
An
Act
providing
for
a
notice
regarding
a
hearing
to
determine
1
how
land
within
a
drainage
or
levee
district
is
to
be
2
classified
for
purposes
of
assessing
that
land.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5732HV
(2)
88
da/ns
H.F.
2552
Section
1.
Section
468.45,
Code
2020,
is
amended
to
read
as
1
follows:
2
468.45
Notice
of
hearing.
3
1.
The
board
shall
fix
a
time
for
a
hearing
upon
the
report
4
of
the
commissioners,
and
the
auditor
shall
cause
notice
to
be
5
served
upon
each
person
whose
name
appears
as
owner,
naming
the
6
person,
and
also
upon
the
person
or
persons
in
actual
occupancy
7
of
any
tract
of
land
without
naming
the
person
or
persons,
of
8
the
day
and
hour
of
such
hearing
,
which
.
9
2.
The
notice
shall
be
for
the
same
time
and
served
in
the
10
same
manner
as
is
provided
for
the
establishment
of
a
levee
11
or
drainage
or
levee
district,
and
including
as
provided
in
12
sections
468.14
through
468.18,
and
shall
state
include
all
of
13
the
following:
14
a.
A
statement
of
the
amount
of
the
assessment
of
costs
and
15
expenses
of
construction
apportioned
to
each
owner
upon
each
16
forty-acre
tract
or
less
,
and
that
.
However,
the
statement
is
17
not
required
to
be
published
as
required
in
section
468.15,
if
18
it
is
posted
in
the
office
of
the
county
auditor
and
on
the
19
county’s
internet
site.
The
county
auditor
shall
provide
a
20
copy
of
the
statement
upon
request.
21
b.
A
statement
that
all
objections
thereto
to
the
report
22
must
be
in
writing
and
filed
with
the
auditor
at
or
before
the
23
time
set
for
such
the
hearing.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
BILL’S
PROVISIONS.
This
bill
amends
provisions
requiring
28
a
county
board
of
supervisors
(board)
to
provide
notice
of
a
29
hearing
regarding
a
report
to
classify
tracts
of
land
within
30
a
drainage
or
levee
district
(district)
as
established
or
31
proposed
to
be
established
by
the
board.
The
notice
is
32
required
to
be
delivered
to
each
owner
of
land
within
the
33
district
and
also
by
publication
in
a
newspaper
of
general
34
circulation
in
the
county
where
the
district
is
located.
The
35
-1-
LSB
5732HV
(2)
88
da/ns
1/
2
H.F.
2552
bill
provides
that
the
newspaper
publication
is
not
required
1
to
include
a
statement
listing
the
amount
of
the
assessment
2
of
costs
and
expenses
of
construction
of
improvements
as
3
apportioned
to
each
owner,
if
it
is
posted
in
the
office
of
the
4
county
auditor
and
on
the
county’s
internet
site.
The
county
5
auditor
must
provide
a
copy
of
the
statement
upon
request.
6
BACKGROUND.
A
district
is
established
after
a
board
7
receives
a
petition
by
two
or
more
persons
who
own
land
in
the
8
proposed
district
(Code
sections
468.7
and
468.8),
the
board
9
appoints
an
engineer
to
prepare
a
report
(Code
sections
468.10
10
through
468.12),
and
the
board
holds
a
public
hearing
on
the
11
matter
after
providing
notice
to
each
landowner
in
the
district
12
and
by
newspaper
publication
(Code
sections
468.14
and
468.15)
13
based
on
procedures
relating
to
the
publication
of
county
14
notices
for
elections
or
other
official
matters
(Code
section
15
331.305).
Before
or
after
the
district
is
established,
the
16
board
must
appoint
a
commission
to
prepare
a
report
determining
17
the
classification
for
each
40-acre
tract
or
fraction
of
that
18
tract
in
the
district
which
is
used
to
impose
an
assessment
19
based
on
benefits
from
improvements
to
be
made
to
that
tract
20
(Code
sections
468.13
and
468.38
through
468.44).
The
board
21
must
hold
a
hearing
regarding
the
commissioner’s
report
22
which
is
conducted
in
the
same
manner
as
when
the
district
23
is
established.
However,
the
notice
for
classification
must
24
also
include
a
statement
listing
the
amount
of
the
assessment
25
of
costs
and
expenses
of
construction
of
improvements
as
26
apportioned
to
each
owner
for
each
tract
or
fraction
of
a
tract
27
and
the
filing
of
objections.
28
-2-
LSB
5732HV
(2)
88
da/ns
2/
2