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House File 2324 - IntroducedA Bill ForAn Act 1relating to the management of drainage or levee
2districts, including by providing for objections by
3landowners and for procedures to make a repair or construct
4an improvement within a district.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.28, Code 2020, is amended to read as
2follows:
3468.28 Dismissal on remonstrance objection.
41. If, at At or before the time set for final hearing
5as to the establishment of a proposed levee, drainage, or
6improvement district, except subdrainage district, there shall
7have been an objection may be filed with the county auditor,
8or auditors, in case the district extends into more than one
9county, a remonstrance signed by a majority of the landowners
10in the district, and these remonstrants must owning in the
11aggregate own seventy percent or more than fifty percent of
12the lands land to be assessed for benefits or taxed for said
13improvements, remonstrating. The landowners may object to the
14establishment of a proposed levee, drainage, or improvement
15district, by doing any of the following:
16a. Filing a remonstranceagainst the establishment of said
17levee, drainage, or improvement district, setting forth the
18reasons therefor, the for the objection. The remonstrance must
19be signed by all landowners making the objection.
20b. Conducting a vote on the matter, if authorized by the
21board or boards. The auditor or auditors must mail a ballot
22on the question to landowners in the same manner as provided
23in section 468.14. A landowner shall return the ballot in the
24same manner as filing a remonstrance as provided in paragraph
25“a”. The auditor or auditors shall only count the votes of
26landowners who answer the question on the ballots returned to
27the auditor.
282. If a remonstrance is filed or a majority of landowners
29voting disapprove the proposed district, theboard or boards
30as the case may be, shall assess to the petitioners and
31their sureties or apportion the costs among them as the board
32or boards may deem just or as said parties may agree upon.
33When all such costs have been paid, the board or boards of
34supervisors shall dismiss said proceedings and cause to be
35filed with the county auditor all surveys, plats, reports, and
-1-1records in relation to the proposed district.
2 Sec. 2. Section 468.119, subsection 4, Code 2020, is amended
3to read as follows:
44. The right of remonstrance objection, as provided under
5 in section 468.28, does not apply to the owners of lands being
6involuntarily annexed to an established district.
7 Sec. 3. Section 468.126, subsection 1, Code 2020, is amended
8to read as follows:
91. When any levee or drainage district has been established
10and the improvement constructed, the improvement shall be at
11all times under the supervision of the board of supervisors
12except as otherwise provided for control and management by a
13board of trustees and the board shall keep the improvement in
14repair as provided in this section.
15a. The board at any time on its own motion, without notice,
16may or acting upon a petition of one or more landowners in
17the district, may order done whatever is necessary to restore
18or maintain a drainage or levee improvement in its original
19efficiency or capacity, and for that purpose may remove silt
20and debris, repair any damaged structures, remove weeds and
21other vegetable growth, and whatever else may be needed to
22restore or maintain such efficiency or capacity or to prolong
23its useful life. The board shall determine whether a proposed
24project meets the requirements to be classified as a repair or
25whether it should be classified as an improvement. The board
26shall determine the difference between a major and minor repair
27based on a dollar amount for making the repair as determined
28by the board.
29b. If the board considers a petition for a major repair,
30the petition must include the signatures of at least thirty
31percent of the landowners in the district. There shall be
32filed with the petition a bond in an amount fixed and with
33sureties approved by the auditor, conditioned for the payment
34of all costs and expenses incurred in the proceedings if the
35petition is not approved.
-2- 1b. c. The board may at any time obtain order an engineer’s
2report be prepared and submitted to the board regarding a
3repair, only if the board makes an initial determination that
4the estimated cost of the repair could exceed three hundred
5thousand dollars. The board may adjust the determination at
6any time. The board shall not order a report until it approves
7a preliminary estimate of the scope and cost of the repair
8prepared by an engineer to be appointed by the board. If
9an engineer’s report is ordered, the report shall describe
10 the most feasible means of repairing a drainage or levee
11improvement and the probable cost of making the repair. If
12the engineer advises, or the board otherwise concludes that
13permanent restoration of a damaged structure is not feasible at
14the time, the board may order temporary construction it deems
15necessary to the continued functioning of the improvement. If
16in maintaining and repairing tile lines the board finds from
17an engineer’s report it is more economical to construct a new
18line than to repair the existing line, the new line may be
19considered to be a repair.
20c. d. If the estimated cost of the repair does not
21exceed The board may order a report from the soil and water
22conservation district conservationist in lieu of the engineer’s
23report. The board may waive the report requirement if a prior
24report concerning the repair is less than ten years old.
25e. (1) The board shall hold a hearing regarding a repair
26under any of the following circumstances:
27(a) The scope of the repair exceeds the engineer’s
28preliminary estimate as provided in paragraph “c” by more than
29fifteen percent. The engineer or soil and water conservation
30district conservationist preparing the report shall pay all
31expenses related to conducting the hearing, unless the enlarged
32scope was ordered by the board.
33(b) The estimated cost of the repair exceedsfifty thousand
34dollars, the board may order the work done without conducting a
35hearing on the matter. Otherwise, the. The estimated cost of
-3-1the repair shall be based on the board’s determination, unless
2a report is ordered pursuant to paragraph “c”. In that case,
3the estimated cost shall be based on the preliminary estimate
4or, if available, the report.
5(2) Theboard shall set a date and time for a the hearing
6and provide notice of the hearing to landowners in the district
7by publication in the same manner as provided in section
8468.15. However, if the estimated cost of the repair exceeds
9the adjusted competitive bid threshold, the board shall provide
10notice to the landowners pursuant to sections 468.14 through
11468.18. The board shall not divide a proposed repair into
12separate programs in order to avoid the notice and hearing
13requirements of this paragraph. At the hearing, the board
14shall hear objections regarding the feasibility of making the
15proposed repair.
16d. If a hearing is required under paragraph “c”, the board
17shall order an engineer’s report or a report from the soil
18and water conservation district conservationist regarding the
19matter to be presented at the hearing. The board may waive the
20report requirement if a prior report on the repair exists and
21that report is less than ten years old. At the hearing, the
22board shall hear objections to the feasibility of making the
23proposed repair.
24e. f. Following a hearing, if required in paragraph “c”
25 “e”, the board shall determine whether the repair is necessary
26or desirable, and feasible.
27f. g. Any interested party has the right of appeal from
28such orders in the manner provided in this subchapter, parts 1
29through 5.
30g. h. The right of remonstrance objection as provided in
31subsection 4 does not apply to a minor repair as provided in
32this section subsection. In the case of a major repair, an
33objection shall be made in the same manner as provided in that
34subsection.
35 Sec. 4. Section 468.126, subsection 4, Code 2020, is amended
-4-1to read as follows:
24. a. For the purpose of this subsection, an “improvement”
3in a drainage or levee district in which any ditch, tile drain,
4or other facility has previously been constructed is a project
5intended to expand, enlarge, or otherwise increase the capacity
6of any existing ditch, drain, or other facility above that for
7which it was designed.
8b. When the board determines that an improvement is
9necessary or desirable, and feasible, the The board shall
10determine whether a proposed project meets the requirements
11to be classified as an improvement or repair. The board,
12at any time, on its own motion, or upon a petition of one
13or more landowners in the district, may order an improvement
14be constructed. The board shall appoint an engineer to
15make surveys as seem appropriate to determine the nature and
16extent of the improvement, and to file a report showing what
17improvement is recommended and its estimated cost, which report
18may be amended before final action.
19c. The board shall determine the difference between a major
20and minor improvement based on a dollar amount for making the
21improvement as determined by the board.
22d. If the board considers a petition for a major
23improvement, the petition must include the signatures of at
24least thirty percent of the landowners in the district. There
25shall be filed with the petition a bond in an amount fixed and
26with sureties approved by the auditor, conditioned for the
27payment of all costs and expenses incurred in the proceedings
28if the petition is not approved or the proceeding has been
29dismissed due to the filing of a remonstrance.
30e. The board shall order an engineer’s report be prepared
31and submitted to the board regarding the improvement, only if
32the board makes an initial determination that the estimated
33cost of the improvement could exceed three hundred thousand
34dollars. The board may adjust the determination at any
35time. The board shall not order a report until it approves a
-5-1preliminary estimate of the scope and cost of the improvement
2as prepared by the engineer to be appointed by the board.
3f. The board shall hold a hearing regarding the proposed
4construction of an improvement under any of the following
5circumstances:
6(1) The enlarged scope of the improvement exceeds the
7engineer’s preliminary estimate as provided in paragraph “e”.
8The engineer appointed by the board shall pay all expenses
9related to conducting the hearing, unless the enlarged scope
10was ordered by the board.
11c. (2) If the The estimated cost of the improvement does
12not exceed exceeds fifty thousand dollars, the board may order
13the work done without conducting a hearing on the matter.
14Otherwise, the. The estimated cost of the improvement shall be
15based on the board’s determination, unless a report is ordered
16pursuant to paragraph “e”. In that case, the estimated cost
17shall be based on the preliminary estimate or, if available,
18the report.
19g. Theboard shall set a date and time for a the hearing
20on whether to construct the proposed improvement and whether
21there shall be a reclassification of benefits for the cost of
22the proposed improvement.
23(1) (a) The board shall provide notice to landowners in
24the district by publication in the same manner as provided
25in section 468.15. However, if the estimated cost of the
26improvement exceeds the adjusted competitive bid threshold,
27the board shall provide notice to the landowners pursuant to
28sections 468.14 through 468.18.
29(b) Notwithstanding subparagraph division (a), and in lieu
30of publishing the notice, the board may mail a copy of the
31notice to each address where a landowner within the district
32resides by first class mail if the cost of mailing is less
33than publication of the notice. The mailing shall be made
34during the time the notice would otherwise be required to be
35published.
-6- 1(2) The board shall not divide proposed improvements into
2separate programs in order to avoid compliance with this
3paragraph “c” subsection.
4d. h. At the a hearing for the approval of the construction
5of an improvement, if required in paragraph “c” “f”, the board
6shall hear objections to the feasibility of the proposed
7improvements and arguments for or against a reclassification
8presented by or for any taxpayer of the district. Following
9the hearing, the board shall order that the improvement it
10deems necessary or desirable and feasible be made and shall
11also determine whether there should be a reclassification of
12benefits for the cost of the improvement. If it is determined
13that a reclassification of benefits should be made, the board
14shall proceed as provided in section 468.38.
15e. i. (1) If the estimated cost of the improvement exceeds
16the adjusted competitive bid threshold, or the original cost
17of the district plus the cost of subsequent improvements in
18the district, whichever amount is greater, a majority of the
19landowners, owning in the aggregate more than seventy fifty
20 percent of the total land in the district, may file object to
21the proposed improvement by doing any of the following:
22(a) Filinga written remonstrance against the proposed
23improvement, at or before the date set for hearing on the
24proposed improvement as provided in paragraph “c” “f”, with the
25county auditor, or auditors in case the district extends into
26more than one county.
27(b) Conducting a vote on the matter, if authorized by the
28board or boards. The auditor or auditors must mail a ballot
29on the question to landowners in the same manner as provided
30in section 468.14. A landowner shall return the ballot
31in the same manner as filing a remonstrance as provided in
32subparagraph division (a). The auditor or auditors shall only
33count the votes of landowners who answer the question on the
34ballots returned to the auditor.
35(2) If a remonstrance is filed or a majority of landowners
-7-1voting disapprove the proposed improvement, the board shall
2discontinue and dismiss all further proceedings on the proposed
3improvements and charge the costs incurred to date for the
4proposed improvements to the district.
5j. Any interested party may appeal from such orders in
6the manner provided in this subchapter, parts 1 through 5.
7However, this section does not affect the procedures of section
8468.132 covering the common outlet.
9 Sec. 5. Section 468.184, subsection 3, Code 2020, is amended
10by striking the subsection and inserting in lieu thereof the
11following:
123. At or before the time set for said hearing as to such
13classification or reclassification, an objection may be made by
14a majority of the landowners owning more than fifty percent of
15the total assessed value of the lands plus land improvements in
16said district as shown by the taxing records in said county or
17counties in which said district is located. The landowners may
18object to the classification or reclassification by doing any
19of the following:
20a. Filing a remonstrance with the auditor, or auditors
21in case the district extends into more than one county. The
22remonstrance must be signed by all landowners making the
23objection.
24b. Conducting a vote on the matter, if authorized by the
25board, or boards in case the district extends into more than
26one county. The auditor or auditors must mail a ballot on
27the question to landowners in the same manner as provided in
28section 468.14. A landowner shall return the ballot in the
29same manner as filing a remonstrance as provided in paragraph
30“a”. The auditor or auditors shall only count the votes of
31landowners who answer the question on the ballots returned to
32the auditor.
33 Sec. 6. Section 468.184, Code 2020, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 3A. a. If a remonstrance is filed or
-8-1a majority of landowners voting disapprove the proposed
2improvement, the board or boards shall abandon the alternative
3method of classification or reclassification herein authorized.
4b. The board or boards may then proceed to classify the
5lands in said levee district as authorized under sections
6468.38 through 468.44 or may proceed to reclassify the same
7as authorized under section 468.65 unless the remonstrance or
8vote objects to any reclassification. In that case, the board
9shall not reclassify the lands within the district under the
10provision of this section nor shall the same be reclassified
11under the provisions of section 468.65.
12 Sec. 7. Section 468.258, subsection 4, Code 2020, is amended
13by striking the subsection and inserting in lieu thereof the
14following:
154. At or before the time set for the hearing, an objection
16may be made to the dissolution of the contained district,
17or to the acceptance of that district’s improvements and
18rights-of-way by the overlying district, by the owners of land
19and land improvements in either district aggregating more
20than fifty percent of the total assessed value of the land in
21that district as shown by the taxing records in the county or
22counties in which that district is located. The landowners may
23object to the classification or reclassification by doing any
24of the following:
25a. Filing a remonstrance with the county auditor, or
26auditors if either the contained or overlying district
27extends into more than one county, or with the board of either
28district. The remonstrance must be signed by all landowners
29making the objection.
30b. Conducting a vote on the matter, if authorized by the
31board, or boards in case the district extends into more than
32one county. The auditor or auditors must mail a ballot on
33the question to landowners in the same manner as provided in
34section 468.14. A landowner shall return the ballot in the
35same manner as filing a remonstrance as provided in paragraph
-9-1“a”. The auditor or auditors shall only count the votes of
2landowners who answer the question on the ballots returned to
3the auditor.
4 Sec. 8. Section 468.258, Code 2020, is amended by adding the
5following new subsection:
6 NEW SUBSECTION. 5. If a remonstrance is filed or a majority
7of landowners voting disapprove the proposed improvement, the
8board to which the objection is made shall abandon its proposed
9action.
10 Sec. 9. Section 468.534, Code 2020, is amended to read as
11follows:
12468.534 Remonstrance.
13Remonstrances signed An objection may be made by the same
14persons who are qualified to sign the petition may, which
15objection must be filed in the office of the auditor and if.
16If the same persons petition and remonstrate object they shall
17be counted on the remonstrance only for the objection. Such
18remonstrances shall The objection shall be made in the same
19manner as provided in section 468.28. However, the objection
20must be filed with the auditor not less than five days before
21the time set for hearing.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25GENERAL. This bill amends Code chapter 468 by providing
26for repairs made and improvements constructed to a drainage or
27levee district (district) as ordered by a board managing the
28district (board). It also provides for remonstrances filed
29with the board that seek to dismiss an action to be taken by the
30board.
31OBJECTION. The bill provides that a landowner may object to
32a proceeding affecting a landowner’s rights in a proposed or
33established district. First, it provides that a majority of
34landowners owning more than 50 percent rather than 70 percent
35of the total land in the district may file a remonstrance.
-10-1Second, it provides that the board may allow the question to
2be placed on a ballot mailed to the landowners and filed with
3the auditor who counts the votes of landowners who answer the
4question on the ballots returned to the auditor.
5REPORT REGARDING A REPAIR OR IMPROVEMENT — INCREASE IN
6THRESHOLD AMOUNT. The bill increases the threshold amount
7from $50,000 to $300,000 before a board may order a report
8from a civil or drainage engineer (engineer) or soil and
9water conservation district conservationist (conservationist)
10regarding a proposed repair (Code section 468.126(1)) or a
11report from an engineer regarding a proposed improvement (Code
12section 468.126(4)). The board may determine whether a project
13meets the requirements for either a repair or improvement.
14The board must distinguish between major and minor repairs or
15improvements.
16PETITIONS REGARDING A REPAIR OR IMPROVEMENT. The bill
17provides that a board may consider a petition for a repair
18or improvement submitted by one or more landowners in the
19district. If a petition seeks a major repair or improvement,
20the petition must include the signatures of at least 30 percent
21of the district’s landowners. If a remonstrance against a
22proposed improvement succeeds, the petitioners are liable for
23costs incurred by the board in taking action on the petition.
24HEARING REGARDING A REPAIR OR IMPROVEMENT. The board must
25conduct a hearing regarding the repair or improvement if
26the scope of the repair exceeds the scope of a preliminary
27estimate prepared by the engineer or conservationist by more
28than 15 percent. The costs of the hearing are to be paid by
29the engineer or conservationist, unless the enlarged scope was
30ordered by the board. The board must still conduct a hearing
31if the estimated cost of the repair or improvement exceeds
32$50,000 but that amount is based on the expected cost as
33provided in the board’s initial or adjusted determination or as
34provided in the preliminary or reported estimate.
35BACKGROUND. Generally, there are two types of projects
-11-1authorized under Code chapter 468, a repair which refers to
2restoring a facility to its original design or efficiency
3and an improvement which enhances or enlarges the district’s
4facility. Before a board managing a drainage district may
5order an engineer’s report or a report from a conservationist
6regarding a proposed repair or improvement, the estimated
7cost of the repair or improvement must exceed $50,000, the
8board must conduct a hearing of landowners, and the report
9must be presented at the hearing. There are several types
10of boards that may have jurisdiction to decide whether or
11not to order a repair or improvement, including a board of
12supervisors, a joint board of supervisors, or an elected board
13of trustees. A landowner is provided a right of remonstrance
14under a number of circumstances, including when a new drainage
15district is proposed to be established (Code section 468.28),
16an improvement is proposed (Code section 468.126), land in
17the district is classified or reclassified for purposes of
18determining the benefit received from the board’s action and
19therefore the amount of tax imposed on the land (Code section
20468.184), and the dissolution of a district (Code section
21468.258).
-12-da/ns
2districts, including by providing for objections by
3landowners and for procedures to make a repair or construct
4an improvement within a district.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.28, Code 2020, is amended to read as
2follows:
3468.28 Dismissal on remonstrance objection.
41. If, at At or before the time set for final hearing
5as to the establishment of a proposed levee, drainage, or
6improvement district, except subdrainage district, there shall
7have been an objection may be filed with the county auditor,
8or auditors, in case the district extends into more than one
9county, a remonstrance signed by a majority of the landowners
10in the district, and these remonstrants must owning in the
11aggregate own seventy percent or more than fifty percent of
12the lands land to be assessed for benefits or taxed for said
13improvements, remonstrating. The landowners may object to the
14establishment of a proposed levee, drainage, or improvement
15district, by doing any of the following:
16a. Filing a remonstranceagainst the establishment of said
17levee, drainage, or improvement district, setting forth the
18reasons therefor, the for the objection. The remonstrance must
19be signed by all landowners making the objection.
20b. Conducting a vote on the matter, if authorized by the
21board or boards. The auditor or auditors must mail a ballot
22on the question to landowners in the same manner as provided
23in section 468.14. A landowner shall return the ballot in the
24same manner as filing a remonstrance as provided in paragraph
25“a”. The auditor or auditors shall only count the votes of
26landowners who answer the question on the ballots returned to
27the auditor.
282. If a remonstrance is filed or a majority of landowners
29voting disapprove the proposed district, theboard or boards
30as the case may be, shall assess to the petitioners and
31their sureties or apportion the costs among them as the board
32or boards may deem just or as said parties may agree upon.
33When all such costs have been paid, the board or boards of
34supervisors shall dismiss said proceedings and cause to be
35filed with the county auditor all surveys, plats, reports, and
-1-1records in relation to the proposed district.
2 Sec. 2. Section 468.119, subsection 4, Code 2020, is amended
3to read as follows:
44. The right of remonstrance objection, as provided under
5 in section 468.28, does not apply to the owners of lands being
6involuntarily annexed to an established district.
7 Sec. 3. Section 468.126, subsection 1, Code 2020, is amended
8to read as follows:
91. When any levee or drainage district has been established
10and the improvement constructed, the improvement shall be at
11all times under the supervision of the board of supervisors
12except as otherwise provided for control and management by a
13board of trustees and the board shall keep the improvement in
14repair as provided in this section.
15a. The board at any time on its own motion, without notice,
16may or acting upon a petition of one or more landowners in
17the district, may order done whatever is necessary to restore
18or maintain a drainage or levee improvement in its original
19efficiency or capacity, and for that purpose may remove silt
20and debris, repair any damaged structures, remove weeds and
21other vegetable growth, and whatever else may be needed to
22restore or maintain such efficiency or capacity or to prolong
23its useful life. The board shall determine whether a proposed
24project meets the requirements to be classified as a repair or
25whether it should be classified as an improvement. The board
26shall determine the difference between a major and minor repair
27based on a dollar amount for making the repair as determined
28by the board.
29b. If the board considers a petition for a major repair,
30the petition must include the signatures of at least thirty
31percent of the landowners in the district. There shall be
32filed with the petition a bond in an amount fixed and with
33sureties approved by the auditor, conditioned for the payment
34of all costs and expenses incurred in the proceedings if the
35petition is not approved.
-2- 1b. c. The board may at any time obtain order an engineer’s
2report be prepared and submitted to the board regarding a
3repair, only if the board makes an initial determination that
4the estimated cost of the repair could exceed three hundred
5thousand dollars. The board may adjust the determination at
6any time. The board shall not order a report until it approves
7a preliminary estimate of the scope and cost of the repair
8prepared by an engineer to be appointed by the board. If
9an engineer’s report is ordered, the report shall describe
10 the most feasible means of repairing a drainage or levee
11improvement and the probable cost of making the repair. If
12the engineer advises, or the board otherwise concludes that
13permanent restoration of a damaged structure is not feasible at
14the time, the board may order temporary construction it deems
15necessary to the continued functioning of the improvement. If
16in maintaining and repairing tile lines the board finds from
17an engineer’s report it is more economical to construct a new
18line than to repair the existing line, the new line may be
19considered to be a repair.
20c. d. If the estimated cost of the repair does not
21exceed The board may order a report from the soil and water
22conservation district conservationist in lieu of the engineer’s
23report. The board may waive the report requirement if a prior
24report concerning the repair is less than ten years old.
25e. (1) The board shall hold a hearing regarding a repair
26under any of the following circumstances:
27(a) The scope of the repair exceeds the engineer’s
28preliminary estimate as provided in paragraph “c” by more than
29fifteen percent. The engineer or soil and water conservation
30district conservationist preparing the report shall pay all
31expenses related to conducting the hearing, unless the enlarged
32scope was ordered by the board.
33(b) The estimated cost of the repair exceedsfifty thousand
34dollars, the board may order the work done without conducting a
35hearing on the matter. Otherwise, the. The estimated cost of
-3-1the repair shall be based on the board’s determination, unless
2a report is ordered pursuant to paragraph “c”. In that case,
3the estimated cost shall be based on the preliminary estimate
4or, if available, the report.
5(2) Theboard shall set a date and time for a the hearing
6and provide notice of the hearing to landowners in the district
7by publication in the same manner as provided in section
8468.15. However, if the estimated cost of the repair exceeds
9the adjusted competitive bid threshold, the board shall provide
10notice to the landowners pursuant to sections 468.14 through
11468.18. The board shall not divide a proposed repair into
12separate programs in order to avoid the notice and hearing
13requirements of this paragraph. At the hearing, the board
14shall hear objections regarding the feasibility of making the
15proposed repair.
16d. If a hearing is required under paragraph “c”, the board
17shall order an engineer’s report or a report from the soil
18and water conservation district conservationist regarding the
19matter to be presented at the hearing. The board may waive the
20report requirement if a prior report on the repair exists and
21that report is less than ten years old. At the hearing, the
22board shall hear objections to the feasibility of making the
23proposed repair.
24e. f. Following a hearing, if required in paragraph “c”
25 “e”, the board shall determine whether the repair is necessary
26or desirable, and feasible.
27f. g. Any interested party has the right of appeal from
28such orders in the manner provided in this subchapter, parts 1
29through 5.
30g. h. The right of remonstrance objection as provided in
31subsection 4 does not apply to a minor repair as provided in
32this section subsection. In the case of a major repair, an
33objection shall be made in the same manner as provided in that
34subsection.
35 Sec. 4. Section 468.126, subsection 4, Code 2020, is amended
-4-1to read as follows:
24. a. For the purpose of this subsection, an “improvement”
3in a drainage or levee district in which any ditch, tile drain,
4or other facility has previously been constructed is a project
5intended to expand, enlarge, or otherwise increase the capacity
6of any existing ditch, drain, or other facility above that for
7which it was designed.
8b. When the board determines that an improvement is
9necessary or desirable, and feasible, the The board shall
10determine whether a proposed project meets the requirements
11to be classified as an improvement or repair. The board,
12at any time, on its own motion, or upon a petition of one
13or more landowners in the district, may order an improvement
14be constructed. The board shall appoint an engineer to
15make surveys as seem appropriate to determine the nature and
16extent of the improvement, and to file a report showing what
17improvement is recommended and its estimated cost, which report
18may be amended before final action.
19c. The board shall determine the difference between a major
20and minor improvement based on a dollar amount for making the
21improvement as determined by the board.
22d. If the board considers a petition for a major
23improvement, the petition must include the signatures of at
24least thirty percent of the landowners in the district. There
25shall be filed with the petition a bond in an amount fixed and
26with sureties approved by the auditor, conditioned for the
27payment of all costs and expenses incurred in the proceedings
28if the petition is not approved or the proceeding has been
29dismissed due to the filing of a remonstrance.
30e. The board shall order an engineer’s report be prepared
31and submitted to the board regarding the improvement, only if
32the board makes an initial determination that the estimated
33cost of the improvement could exceed three hundred thousand
34dollars. The board may adjust the determination at any
35time. The board shall not order a report until it approves a
-5-1preliminary estimate of the scope and cost of the improvement
2as prepared by the engineer to be appointed by the board.
3f. The board shall hold a hearing regarding the proposed
4construction of an improvement under any of the following
5circumstances:
6(1) The enlarged scope of the improvement exceeds the
7engineer’s preliminary estimate as provided in paragraph “e”.
8The engineer appointed by the board shall pay all expenses
9related to conducting the hearing, unless the enlarged scope
10was ordered by the board.
11c. (2) If the The estimated cost of the improvement does
12not exceed exceeds fifty thousand dollars, the board may order
13the work done without conducting a hearing on the matter.
14Otherwise, the. The estimated cost of the improvement shall be
15based on the board’s determination, unless a report is ordered
16pursuant to paragraph “e”. In that case, the estimated cost
17shall be based on the preliminary estimate or, if available,
18the report.
19g. Theboard shall set a date and time for a the hearing
20on whether to construct the proposed improvement and whether
21there shall be a reclassification of benefits for the cost of
22the proposed improvement.
23(1) (a) The board shall provide notice to landowners in
24the district by publication in the same manner as provided
25in section 468.15. However, if the estimated cost of the
26improvement exceeds the adjusted competitive bid threshold,
27the board shall provide notice to the landowners pursuant to
28sections 468.14 through 468.18.
29(b) Notwithstanding subparagraph division (a), and in lieu
30of publishing the notice, the board may mail a copy of the
31notice to each address where a landowner within the district
32resides by first class mail if the cost of mailing is less
33than publication of the notice. The mailing shall be made
34during the time the notice would otherwise be required to be
35published.
-6- 1(2) The board shall not divide proposed improvements into
2separate programs in order to avoid compliance with this
3paragraph “c” subsection.
4d. h. At the a hearing for the approval of the construction
5of an improvement, if required in paragraph “c” “f”, the board
6shall hear objections to the feasibility of the proposed
7improvements and arguments for or against a reclassification
8presented by or for any taxpayer of the district. Following
9the hearing, the board shall order that the improvement it
10deems necessary or desirable and feasible be made and shall
11also determine whether there should be a reclassification of
12benefits for the cost of the improvement. If it is determined
13that a reclassification of benefits should be made, the board
14shall proceed as provided in section 468.38.
15e. i. (1) If the estimated cost of the improvement exceeds
16the adjusted competitive bid threshold, or the original cost
17of the district plus the cost of subsequent improvements in
18the district, whichever amount is greater, a majority of the
19landowners, owning in the aggregate more than seventy fifty
20 percent of the total land in the district, may file object to
21the proposed improvement by doing any of the following:
22(a) Filinga written remonstrance against the proposed
23improvement, at or before the date set for hearing on the
24proposed improvement as provided in paragraph “c” “f”, with the
25county auditor, or auditors in case the district extends into
26more than one county.
27(b) Conducting a vote on the matter, if authorized by the
28board or boards. The auditor or auditors must mail a ballot
29on the question to landowners in the same manner as provided
30in section 468.14. A landowner shall return the ballot
31in the same manner as filing a remonstrance as provided in
32subparagraph division (a). The auditor or auditors shall only
33count the votes of landowners who answer the question on the
34ballots returned to the auditor.
35(2) If a remonstrance is filed or a majority of landowners
-7-1voting disapprove the proposed improvement, the board shall
2discontinue and dismiss all further proceedings on the proposed
3improvements and charge the costs incurred to date for the
4proposed improvements to the district.
5j. Any interested party may appeal from such orders in
6the manner provided in this subchapter, parts 1 through 5.
7However, this section does not affect the procedures of section
8468.132 covering the common outlet.
9 Sec. 5. Section 468.184, subsection 3, Code 2020, is amended
10by striking the subsection and inserting in lieu thereof the
11following:
123. At or before the time set for said hearing as to such
13classification or reclassification, an objection may be made by
14a majority of the landowners owning more than fifty percent of
15the total assessed value of the lands plus land improvements in
16said district as shown by the taxing records in said county or
17counties in which said district is located. The landowners may
18object to the classification or reclassification by doing any
19of the following:
20a. Filing a remonstrance with the auditor, or auditors
21in case the district extends into more than one county. The
22remonstrance must be signed by all landowners making the
23objection.
24b. Conducting a vote on the matter, if authorized by the
25board, or boards in case the district extends into more than
26one county. The auditor or auditors must mail a ballot on
27the question to landowners in the same manner as provided in
28section 468.14. A landowner shall return the ballot in the
29same manner as filing a remonstrance as provided in paragraph
30“a”. The auditor or auditors shall only count the votes of
31landowners who answer the question on the ballots returned to
32the auditor.
33 Sec. 6. Section 468.184, Code 2020, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 3A. a. If a remonstrance is filed or
-8-1a majority of landowners voting disapprove the proposed
2improvement, the board or boards shall abandon the alternative
3method of classification or reclassification herein authorized.
4b. The board or boards may then proceed to classify the
5lands in said levee district as authorized under sections
6468.38 through 468.44 or may proceed to reclassify the same
7as authorized under section 468.65 unless the remonstrance or
8vote objects to any reclassification. In that case, the board
9shall not reclassify the lands within the district under the
10provision of this section nor shall the same be reclassified
11under the provisions of section 468.65.
12 Sec. 7. Section 468.258, subsection 4, Code 2020, is amended
13by striking the subsection and inserting in lieu thereof the
14following:
154. At or before the time set for the hearing, an objection
16may be made to the dissolution of the contained district,
17or to the acceptance of that district’s improvements and
18rights-of-way by the overlying district, by the owners of land
19and land improvements in either district aggregating more
20than fifty percent of the total assessed value of the land in
21that district as shown by the taxing records in the county or
22counties in which that district is located. The landowners may
23object to the classification or reclassification by doing any
24of the following:
25a. Filing a remonstrance with the county auditor, or
26auditors if either the contained or overlying district
27extends into more than one county, or with the board of either
28district. The remonstrance must be signed by all landowners
29making the objection.
30b. Conducting a vote on the matter, if authorized by the
31board, or boards in case the district extends into more than
32one county. The auditor or auditors must mail a ballot on
33the question to landowners in the same manner as provided in
34section 468.14. A landowner shall return the ballot in the
35same manner as filing a remonstrance as provided in paragraph
-9-1“a”. The auditor or auditors shall only count the votes of
2landowners who answer the question on the ballots returned to
3the auditor.
4 Sec. 8. Section 468.258, Code 2020, is amended by adding the
5following new subsection:
6 NEW SUBSECTION. 5. If a remonstrance is filed or a majority
7of landowners voting disapprove the proposed improvement, the
8board to which the objection is made shall abandon its proposed
9action.
10 Sec. 9. Section 468.534, Code 2020, is amended to read as
11follows:
12468.534 Remonstrance.
13Remonstrances signed An objection may be made by the same
14persons who are qualified to sign the petition may, which
15objection must be filed in the office of the auditor and if.
16If the same persons petition and remonstrate object they shall
17be counted on the remonstrance only for the objection. Such
18remonstrances shall The objection shall be made in the same
19manner as provided in section 468.28. However, the objection
20must be filed with the auditor not less than five days before
21the time set for hearing.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25GENERAL. This bill amends Code chapter 468 by providing
26for repairs made and improvements constructed to a drainage or
27levee district (district) as ordered by a board managing the
28district (board). It also provides for remonstrances filed
29with the board that seek to dismiss an action to be taken by the
30board.
31OBJECTION. The bill provides that a landowner may object to
32a proceeding affecting a landowner’s rights in a proposed or
33established district. First, it provides that a majority of
34landowners owning more than 50 percent rather than 70 percent
35of the total land in the district may file a remonstrance.
-10-1Second, it provides that the board may allow the question to
2be placed on a ballot mailed to the landowners and filed with
3the auditor who counts the votes of landowners who answer the
4question on the ballots returned to the auditor.
5REPORT REGARDING A REPAIR OR IMPROVEMENT — INCREASE IN
6THRESHOLD AMOUNT. The bill increases the threshold amount
7from $50,000 to $300,000 before a board may order a report
8from a civil or drainage engineer (engineer) or soil and
9water conservation district conservationist (conservationist)
10regarding a proposed repair (Code section 468.126(1)) or a
11report from an engineer regarding a proposed improvement (Code
12section 468.126(4)). The board may determine whether a project
13meets the requirements for either a repair or improvement.
14The board must distinguish between major and minor repairs or
15improvements.
16PETITIONS REGARDING A REPAIR OR IMPROVEMENT. The bill
17provides that a board may consider a petition for a repair
18or improvement submitted by one or more landowners in the
19district. If a petition seeks a major repair or improvement,
20the petition must include the signatures of at least 30 percent
21of the district’s landowners. If a remonstrance against a
22proposed improvement succeeds, the petitioners are liable for
23costs incurred by the board in taking action on the petition.
24HEARING REGARDING A REPAIR OR IMPROVEMENT. The board must
25conduct a hearing regarding the repair or improvement if
26the scope of the repair exceeds the scope of a preliminary
27estimate prepared by the engineer or conservationist by more
28than 15 percent. The costs of the hearing are to be paid by
29the engineer or conservationist, unless the enlarged scope was
30ordered by the board. The board must still conduct a hearing
31if the estimated cost of the repair or improvement exceeds
32$50,000 but that amount is based on the expected cost as
33provided in the board’s initial or adjusted determination or as
34provided in the preliminary or reported estimate.
35BACKGROUND. Generally, there are two types of projects
-11-1authorized under Code chapter 468, a repair which refers to
2restoring a facility to its original design or efficiency
3and an improvement which enhances or enlarges the district’s
4facility. Before a board managing a drainage district may
5order an engineer’s report or a report from a conservationist
6regarding a proposed repair or improvement, the estimated
7cost of the repair or improvement must exceed $50,000, the
8board must conduct a hearing of landowners, and the report
9must be presented at the hearing. There are several types
10of boards that may have jurisdiction to decide whether or
11not to order a repair or improvement, including a board of
12supervisors, a joint board of supervisors, or an elected board
13of trustees. A landowner is provided a right of remonstrance
14under a number of circumstances, including when a new drainage
15district is proposed to be established (Code section 468.28),
16an improvement is proposed (Code section 468.126), land in
17the district is classified or reclassified for purposes of
18determining the benefit received from the board’s action and
19therefore the amount of tax imposed on the land (Code section
20468.184), and the dissolution of a district (Code section
21468.258).
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