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Senate File 2353 - IntroducedA Bill ForAn Act 1relating to improvements to land in drainage and
2levee districts, by providing for the construction or
3reconstruction of drainage tile lines by railroad companies.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.109, Code 2020, is amended to read
2as follows:
3468.109 Construction across railroad.
4Whenever the board of supervisors shall have established
5any levee, or drainage district, or change of any natural
6watercourse and the levee, ditch, drain, or watercourse as
7surveyed and located crosses the right-of-way of any railroad
8company, the county auditor shall immediately cause to be
9served upon such the railroad company, in the manner provided
10for the service of original notices, a notice in writing
11stating the nature of the improvement to be constructed, the
12place where it will cross the right-of-way of such the company,
13and the full requirements for its complete construction across
14such the right-of-way as shown by the plans, specifications,
15plat, and profile of the engineer appointed by the board, and
16directing such the company to construct such the improvement
17according to said plans and specifications at the place
18designated, across its right-of-way, and to build and construct
19or rebuild and reconstruct the necessary drainage tile line,
20 culvert, or bridge where any ditch, drain, or watercourse
21crosses its right-of-way, so as not to obstruct, impede, or
22interfere with the free flow of the water therein, within
23thirty days from the time of the service of such the notice
24upon it.
25 Sec. 2. Section 468.110, Code 2020, is amended to read as
26follows:
27468.110 Duty to construct.
28Upon receiving the notice provided in section 468.109, such
29 the railroad company shall construct the improvement across
30its right-of-way according to the plans and specifications
31prepared by the engineer for said district the board, and build
32or rebuild the necessary drainage tile line, culvert, or bridge
33and complete the same within the time specified.
34 Sec. 3. Section 468.111, Code 2020, is amended to read as
35follows:
-1- 1468.111 Bridges at natural waterway — costs.
2The cost of building, rebuilding, constructing,
3reconstructing, changing, or repairing, as the case may be,
4any drainage tile line, culvert, or bridge, when such the
5 improvement is located at the place of the natural waterway
6or place provided by the railroad company for the flow of the
7water, shall be borne by such the railroad company without
8reimbursement therefor.
9 Sec. 4. Section 468.113, Code 2020, is amended to read as
10follows:
11468.113 Cost of construction across railway.
12The cost of constructing the improvement across the
13right-of-way of such the railroad company, not including
14the cost of building or rebuilding and constructing or
15reconstructing any necessary drainage tile line, culvert, or
16bridge, when such the improvement is located at the place of
17the natural waterway or place provided by the railroad company
18for the flow of the water, shall be considered as an element
19of such the company’s damages by the appraiser to appraise
20damages.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill provides for improvements to land which is part
25of a drainage or levee district as established by a board of
26supervisors (board), and which may include land owned by a
27railroad company (company). The board may notify a company to
28construct or reconstruct a culvert or bridge that intersects
29with a railroad right-of-way so as not to interfere with the
30drainage of surface water. The company must comply with the
31terms of the board’s notice at the company’s expense. The bill
32provides that the same procedure governs the construction or
33reconstruction of a drainage tile line.
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2levee districts, by providing for the construction or
3reconstruction of drainage tile lines by railroad companies.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.109, Code 2020, is amended to read
2as follows:
3468.109 Construction across railroad.
4Whenever the board of supervisors shall have established
5any levee, or drainage district, or change of any natural
6watercourse and the levee, ditch, drain, or watercourse as
7surveyed and located crosses the right-of-way of any railroad
8company, the county auditor shall immediately cause to be
9served upon such the railroad company, in the manner provided
10for the service of original notices, a notice in writing
11stating the nature of the improvement to be constructed, the
12place where it will cross the right-of-way of such the company,
13and the full requirements for its complete construction across
14such the right-of-way as shown by the plans, specifications,
15plat, and profile of the engineer appointed by the board, and
16directing such the company to construct such the improvement
17according to said plans and specifications at the place
18designated, across its right-of-way, and to build and construct
19or rebuild and reconstruct the necessary drainage tile line,
20 culvert, or bridge where any ditch, drain, or watercourse
21crosses its right-of-way, so as not to obstruct, impede, or
22interfere with the free flow of the water therein, within
23thirty days from the time of the service of such the notice
24upon it.
25 Sec. 2. Section 468.110, Code 2020, is amended to read as
26follows:
27468.110 Duty to construct.
28Upon receiving the notice provided in section 468.109, such
29 the railroad company shall construct the improvement across
30its right-of-way according to the plans and specifications
31prepared by the engineer for said district the board, and build
32or rebuild the necessary drainage tile line, culvert, or bridge
33and complete the same within the time specified.
34 Sec. 3. Section 468.111, Code 2020, is amended to read as
35follows:
-1- 1468.111 Bridges at natural waterway — costs.
2The cost of building, rebuilding, constructing,
3reconstructing, changing, or repairing, as the case may be,
4any drainage tile line, culvert, or bridge, when such the
5 improvement is located at the place of the natural waterway
6or place provided by the railroad company for the flow of the
7water, shall be borne by such the railroad company without
8reimbursement therefor.
9 Sec. 4. Section 468.113, Code 2020, is amended to read as
10follows:
11468.113 Cost of construction across railway.
12The cost of constructing the improvement across the
13right-of-way of such the railroad company, not including
14the cost of building or rebuilding and constructing or
15reconstructing any necessary drainage tile line, culvert, or
16bridge, when such the improvement is located at the place of
17the natural waterway or place provided by the railroad company
18for the flow of the water, shall be considered as an element
19of such the company’s damages by the appraiser to appraise
20damages.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill provides for improvements to land which is part
25of a drainage or levee district as established by a board of
26supervisors (board), and which may include land owned by a
27railroad company (company). The board may notify a company to
28construct or reconstruct a culvert or bridge that intersects
29with a railroad right-of-way so as not to interfere with the
30drainage of surface water. The company must comply with the
31terms of the board’s notice at the company’s expense. The bill
32provides that the same procedure governs the construction or
33reconstruction of a drainage tile line.
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