468.146 - OUTLET IN ADJOINING COUNTY OR IN ANOTHER STATE.
468.146 OUTLET IN ADJOINING COUNTY OR IN ANOTHER STATE. 1. When a drainage district is established and a satisfactory outlet cannot be obtained except through lands in an adjoining county, or when an improved outlet cannot be obtained except through lands downstream from the district boundary, the board shall have the power to purchase a right-of-way, to construct and maintain such outlets, and to pay all necessary costs and expenses out of the district funds. The board shall have similar authority relative to the construction and maintenance of silt basins upstream from the district boundary. In case the board and the owners of the land required for such outlet or silt basin cannot agree upon the price to be paid as compensation for the land taken or used, the board is hereby empowered to exercise the right of eminent domain as provided for in chapter 6B in order to procure such necessary right-of-way. 2. When a district is, or has been established in this state and no practicable outlet therefor can be obtained except through lands in an adjoining state, the board of supervisors of the county where said district is situated shall, as drainage commissioners, have power to purchase a right-of-way and to construct a ditch for such outlet in an adjoining state or to contribute to the construction of such a ditch, in an adjoining state and to pay for the same out of the funds of such district. Provided, however, that no drainage district or districts shall be charged or assessed any of the cost for land or work done unless previously agreed to by the board of supervisors or trustees of all of the drainage districts which will be assessed.
Section History: Early Form [S13, § 1989-a39, -a55; C24, 27, 31, 35, 39, § 7577, 7578; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.156, 455.157]
Section History: Recent Form 89 Acts, ch 126, § 2 CS89, § 468.146 2006 Acts, 1st Ex, ch 1001, §45, 49 Referred to in § 468.147
Footnotes 2006 amendment to subsection 1 takes effect July 14, 2006, and applies to applications for condemnation filed pursuant to §6B.3 on or after that date; 2006 Acts, 1st Ex, ch 1001, §49