Bill Text: IA HF2324 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to the management of drainage or levee districts, including by providing for objections by landowners and for procedures to make a repair or construct an improvement within a district.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-02-24 - Subcommittee recommends amendment and passage. [HF2324 Detail]

Download: Iowa-2019-HF2324-Introduced.html

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