SF 2349 (LSB 6690XS (2) 91)

SENATE FILE 2349

BY  SWEENEY

A BILL FOR

An Act relating to drainage districts and levees, including district parcel records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 468.27, subsection 3, paragraph a, Code 2026, is amended to read as follows:
   a.  When the county auditor first receives either the survey and report, or a permanent survey, plat, and profile, as provided in subsection 2, the county auditor shall prepare and file with the county recorder, or make available on a public internet site, a district parcel record that identifies all parcels contained within the district that is part of the county. The parcel record filed by the county auditor with the county recorder must also include the legal description, parcel identification number, if known, and names of the owners as shown in transfer books in the office of the auditor, for each forty-acre tract or fraction thereof. The county auditor shall provide the county recorder with any amendment to the district parcel record within a reasonable period after receiving the amendment. A county shall not charge a district a filing fee or any other cost or expense under this subsection, including an expense described in section 468.154.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code chapter 468 (levee and drainage districts and improvement), the board of supervisors has the authority to establish a drainage district or to locate and establish a levee. Upon establishment of a district, the drainage district is deemed to acquire a permanent easement for all necessary rights-of-way for ditches, tile lines, settling basins, and related improvements, unless acquired in fee simple. The easement dimensions are reflected in the required surveys and reports. Filing of the survey and related documents with the county auditor constitutes constructive notice of the district’s rights. Upon receipt of the survey and related documents, the county auditor must file with the county recorder a district parcel record that identifies all parcels in the district that are part of the county.
   This bill allows the county auditor to either file the district parcel record with the county recorder or make the district parcel record available on a public internet site.