|
General Information about
Drainage Districts
Iowa Drainage Laws can be found in Chapter
468 of the Iowa Code
Drainage districts
were established for drainage of surface waters from
agricultural and other lands for the protection of said
lands from overflow when said protection is a public
benefit or is conducive to public health, convenience,
and welfare (Section 468.2, State Code Of
Iowa).
Districts are
established by the Drainage District Trustees at the
request of the land owners within the proposed district
(Section 468.6-468.8). Petitions and actions to
establish are kept in the minute books in the county
courthouse.
Under the Code Of
Iowa, Chapter 468 the County Board Of Supervisors acts
as Drainage District Trustees in
all District matters. The land owners of a particular
district may, if they wish, elect their own trustees and
maintain the district themselves.
Requests for repairs
should be directed to the drainage clerk in the
Southeast Office in the rotunda of the courthouse.
Complaints, problems, or questions can also be made to
the Auditor’s Office on second floor.
The trustees are
required by the Code Of Iowa (Section 468.126) to
maintain all drainage districts at their original
capacity. Notice of repairs is only required when the
cost will exceed $20,000 or 75% of the original assessed
value of the district counting subsequent improvements,
whichever is greater.
Land owners in the
district, not the County, own and pay for all
maintenance and repairs to that district. An independent
contractor hired by the trustees will do the work and
bill the cost to the district.
Assessments are made
as necessary to pay for engineering costs, improvements,
and repairs within a given drainage district.
Assessments or
classification of land in a drainage district is based
on the benefit that land is seen to receive from being
in the district.
- The original
assessed value of any parcel of land within a district
was set when that district was established and is the
basis for all assessments unless the district is
reclassified by the trustees (Section 468.49).
- Assessments
represent a percentage of the original
assessment.
- Properties near the
bottom of the district or adjacent to a district tile
line will normally pay more than properties at the top
of the district or that are not close to a district
tile. District maps show where property is located
within the district in relation to the district
tiles. Tile maps are stored in the Drainage
Office on the first floor and also in the Board of
Supervisors' room next to the Auditor’s Office on the
second floor of the courthouse. Copies can be
made upon request.
Drainage districts
are not levied on a regular basis. Drainage districts
are levied when district funds drop to zero. When
a district is levied the trustees set the percentage
such that a surplus remains after all bills are paid.
The district will not be levied again until its funds
are depleted which depends on the amount of work
required in the district. Some districts are levied in 2
years while some may go 50 years or more without a
levy.
Delinquent drainage
assessments become a lien on the property (Section
468.51). The property can then be sold for back
taxes/assessments just as it can be sold for non-payment
of property taxes (Section 468.158-.162). Members
can not exempt themselves from the district unless the
district is dissolved (Sections
468.250-468.261). | 