Senate File 2175 - Introduced SENATE FILE 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 5732XS (2) 88 da/ns
S.F. 2175 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 5732XS (2) 88 da/ns 1/ 2
S.F. 2175 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 5732XS (2) 88 da/ns 2/ 2