Print
Senate File 2175 - IntroducedA Bill ForAn Act 1providing for a notice regarding a hearing to determine
2how land within a drainage or levee district is to be
3classified for purposes of assessing that land.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.45, Code 2020, is amended to read as
2follows:
3468.45 Notice of hearing.
41. The board shall fix a time for a hearing upon the report
5of the commissioners, and the auditor shall cause notice to be
6served upon each person whose name appears as owner, naming the
7person, and also upon the person or persons in actual occupancy
8of any tract of land without naming the person or persons, of
9the day and hour of such hearing, which.
102. Thenotice shall be for the same time and served in the
11same manner as is provided for the establishment of a levee
12or drainage or levee district, and including as provided in
13sections 468.14 through 468.18, and shall state include all of
14 the following:
15a. A statement of theamount of the assessment of costs and
16expenses of construction apportioned to each owner upon each
17forty-acre tract or less, and that. However, the statement is
18not required to be published as required in section 468.15, if
19it is posted in the office of the county auditor and on the
20county’s internet site. The county auditor shall provide a
21copy of the statement upon request.
22b. A statement thatall objections thereto to the report
23 must be in writing and filed with the auditor at or before the
24time set for such the hearing.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28BILL’S PROVISIONS. This bill amends provisions requiring
29a county board of supervisors (board) to provide notice of a
30hearing regarding a report to classify tracts of land within
31a drainage or levee district (district) as established or
32proposed to be established by the board. The notice is
33required to be delivered to each owner of land within the
34district and also by publication in a newspaper of general
35circulation in the county where the district is located. The
-1-1bill provides that the newspaper publication is not required
2to include a statement listing the amount of the assessment
3of costs and expenses of construction of improvements as
4apportioned to each owner, if it is posted in the office of the
5county auditor and on the county’s internet site. The county
6auditor must provide a copy of the statement upon request.
7BACKGROUND. A district is established after a board
8receives a petition by two or more persons who own land in the
9proposed district (Code sections 468.7 and 468.8), the board
10appoints an engineer to prepare a report (Code sections 468.10
11through 468.12), and the board holds a public hearing on the
12matter after providing notice to each landowner in the district
13and by newspaper publication (Code sections 468.14 and 468.15)
14based on procedures relating to the publication of county
15notices for elections or other official matters (Code section
16331.305). Before or after the district is established, the
17board must appoint a commission to prepare a report determining
18the classification for each 40-acre tract or fraction of that
19tract in the district which is used to impose an assessment
20based on benefits from improvements to be made to that tract
21(Code sections 468.13 and 468.38 through 468.44). The board
22must hold a hearing regarding the commissioner’s report
23which is conducted in the same manner as when the district
24is established. However, the notice for classification must
25also include a statement listing the amount of the assessment
26of costs and expenses of construction of improvements as
27apportioned to each owner for each tract or fraction of a tract
28and the filing of objections.
-2-da/ns
2how land within a drainage or levee district is to be
3classified for purposes of assessing that land.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.45, Code 2020, is amended to read as
2follows:
3468.45 Notice of hearing.
41. The board shall fix a time for a hearing upon the report
5of the commissioners, and the auditor shall cause notice to be
6served upon each person whose name appears as owner, naming the
7person, and also upon the person or persons in actual occupancy
8of any tract of land without naming the person or persons, of
9the day and hour of such hearing, which.
102. Thenotice shall be for the same time and served in the
11same manner as is provided for the establishment of a levee
12or drainage or levee district, and including as provided in
13sections 468.14 through 468.18, and shall state include all of
14 the following:
15a. A statement of theamount of the assessment of costs and
16expenses of construction apportioned to each owner upon each
17forty-acre tract or less, and that. However, the statement is
18not required to be published as required in section 468.15, if
19it is posted in the office of the county auditor and on the
20county’s internet site. The county auditor shall provide a
21copy of the statement upon request.
22b. A statement thatall objections thereto to the report
23 must be in writing and filed with the auditor at or before the
24time set for such the hearing.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28BILL’S PROVISIONS. This bill amends provisions requiring
29a county board of supervisors (board) to provide notice of a
30hearing regarding a report to classify tracts of land within
31a drainage or levee district (district) as established or
32proposed to be established by the board. The notice is
33required to be delivered to each owner of land within the
34district and also by publication in a newspaper of general
35circulation in the county where the district is located. The
-1-1bill provides that the newspaper publication is not required
2to include a statement listing the amount of the assessment
3of costs and expenses of construction of improvements as
4apportioned to each owner, if it is posted in the office of the
5county auditor and on the county’s internet site. The county
6auditor must provide a copy of the statement upon request.
7BACKGROUND. A district is established after a board
8receives a petition by two or more persons who own land in the
9proposed district (Code sections 468.7 and 468.8), the board
10appoints an engineer to prepare a report (Code sections 468.10
11through 468.12), and the board holds a public hearing on the
12matter after providing notice to each landowner in the district
13and by newspaper publication (Code sections 468.14 and 468.15)
14based on procedures relating to the publication of county
15notices for elections or other official matters (Code section
16331.305). Before or after the district is established, the
17board must appoint a commission to prepare a report determining
18the classification for each 40-acre tract or fraction of that
19tract in the district which is used to impose an assessment
20based on benefits from improvements to be made to that tract
21(Code sections 468.13 and 468.38 through 468.44). The board
22must hold a hearing regarding the commissioner’s report
23which is conducted in the same manner as when the district
24is established. However, the notice for classification must
25also include a statement listing the amount of the assessment
26of costs and expenses of construction of improvements as
27apportioned to each owner for each tract or fraction of a tract
28and the filing of objections.
-2-da/ns