Bill Text: IA SF2353 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to improvements to land in drainage and levee districts, by providing for the construction or reconstruction of drainage tile lines by railroad companies. (Formerly SF 2234.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-20 - Committee report, approving bill. S.J. 378. [SF2353 Detail]
Download: Iowa-2019-SF2353-Introduced.html
Senate
File
2353
-
Introduced
SENATE
FILE
2353
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SF
2234)
A
BILL
FOR
An
Act
relating
to
improvements
to
land
in
drainage
and
1
levee
districts,
by
providing
for
the
construction
or
2
reconstruction
of
drainage
tile
lines
by
railroad
companies.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2353
Section
1.
Section
468.109,
Code
2020,
is
amended
to
read
1
as
follows:
2
468.109
Construction
across
railroad.
3
Whenever
the
board
of
supervisors
shall
have
established
4
any
levee,
or
drainage
district,
or
change
of
any
natural
5
watercourse
and
the
levee,
ditch,
drain,
or
watercourse
as
6
surveyed
and
located
crosses
the
right-of-way
of
any
railroad
7
company,
the
county
auditor
shall
immediately
cause
to
be
8
served
upon
such
the
railroad
company,
in
the
manner
provided
9
for
the
service
of
original
notices,
a
notice
in
writing
10
stating
the
nature
of
the
improvement
to
be
constructed,
the
11
place
where
it
will
cross
the
right-of-way
of
such
the
company,
12
and
the
full
requirements
for
its
complete
construction
across
13
such
the
right-of-way
as
shown
by
the
plans,
specifications,
14
plat,
and
profile
of
the
engineer
appointed
by
the
board,
and
15
directing
such
the
company
to
construct
such
the
improvement
16
according
to
said
plans
and
specifications
at
the
place
17
designated,
across
its
right-of-way,
and
to
build
and
construct
18
or
rebuild
and
reconstruct
the
necessary
drainage
tile
line,
19
culvert
,
or
bridge
where
any
ditch,
drain,
or
watercourse
20
crosses
its
right-of-way,
so
as
not
to
obstruct,
impede,
or
21
interfere
with
the
free
flow
of
the
water
therein,
within
22
thirty
days
from
the
time
of
the
service
of
such
the
notice
23
upon
it.
24
Sec.
2.
Section
468.110,
Code
2020,
is
amended
to
read
as
25
follows:
26
468.110
Duty
to
construct.
27
Upon
receiving
the
notice
provided
in
section
468.109
,
such
28
the
railroad
company
shall
construct
the
improvement
across
29
its
right-of-way
according
to
the
plans
and
specifications
30
prepared
by
the
engineer
for
said
district
the
board
,
and
build
31
or
rebuild
the
necessary
drainage
tile
line,
culvert
,
or
bridge
32
and
complete
the
same
within
the
time
specified.
33
Sec.
3.
Section
468.111,
Code
2020,
is
amended
to
read
as
34
follows:
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468.111
Bridges
at
natural
waterway
——
costs.
1
The
cost
of
building,
rebuilding,
constructing,
2
reconstructing,
changing,
or
repairing,
as
the
case
may
be,
3
any
drainage
tile
line,
culvert
,
or
bridge,
when
such
the
4
improvement
is
located
at
the
place
of
the
natural
waterway
5
or
place
provided
by
the
railroad
company
for
the
flow
of
the
6
water,
shall
be
borne
by
such
the
railroad
company
without
7
reimbursement
therefor.
8
Sec.
4.
Section
468.113,
Code
2020,
is
amended
to
read
as
9
follows:
10
468.113
Cost
of
construction
across
railway.
11
The
cost
of
constructing
the
improvement
across
the
12
right-of-way
of
such
the
railroad
company,
not
including
13
the
cost
of
building
or
rebuilding
and
constructing
or
14
reconstructing
any
necessary
drainage
tile
line,
culvert
,
or
15
bridge,
when
such
the
improvement
is
located
at
the
place
of
16
the
natural
waterway
or
place
provided
by
the
railroad
company
17
for
the
flow
of
the
water,
shall
be
considered
as
an
element
18
of
such
the
company’s
damages
by
the
appraiser
to
appraise
19
damages.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
provides
for
improvements
to
land
which
is
part
24
of
a
drainage
or
levee
district
as
established
by
a
board
of
25
supervisors
(board),
and
which
may
include
land
owned
by
a
26
railroad
company
(company).
The
board
may
notify
a
company
to
27
construct
or
reconstruct
a
culvert
or
bridge
that
intersects
28
with
a
railroad
right-of-way
so
as
not
to
interfere
with
the
29
drainage
of
surface
water.
The
company
must
comply
with
the
30
terms
of
the
board’s
notice
at
the
company’s
expense.
The
bill
31
provides
that
the
same
procedure
governs
the
construction
or
32
reconstruction
of
a
drainage
tile
line.
33
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