Iowa Code

Iowa Code § 468.109 (2026)

Construction across railroad

✓ current as of July 2026

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Whenever the board of supervisors shall have established any levee, or drainage district, or change of any natural watercourse and the levee, ditch, drain, or watercourse as surveyed and located crosses the right-of-way of any railroad company, the county auditor shall immediately cause to be served upon such railroad company, in the manner provided for the service of original notices, a notice in writing stating the nature of the improvement to be constructed, the place where it will cross the right-of-way of such company, and the full requirements for its complete construction across such right-of-way as shown by the plans, specifications, plat, and profile of the engineer appointed by the board, and directing such company to construct such improvement according to said plans and specifications at the place designated, across its right-of-way, and to build and construct or rebuild and reconstruct the necessary culvert or bridge where any ditch, drain, or watercourse crosses its right-of-way, so as not to obstruct, impede, or interfere with the free flow of the water therein, within thirty days from the time of the service of such notice upon it. [S13, §1989-a18; C24, 27, 31, 35, 39, §7540; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.119] 89 Acts, ch 126, §2 CS89, §468.109 Referred to in §468.110, 468.112 Manner of service, R.C.P. 1.302 – 1.315

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1995–2025 · leading case: Hardin Cnty. Drainage Dist. 55, Div. 3, Lateral 10 v. Union Pac. R.R. Co., 826 N.W.2d 507 (Iowa 2013).

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Hardin Cnty. Drainage Dist. 55, Div. 3, Lateral 10 v. Union Pac. R.R. Co., 826 N.W.2d 507 (Iowa 2013). · cites it 14× “Iowa Code § 468.109 ; Chi. & N.W. Transp.”

Chicago Cent. & Pac. R.R. Co. v. Calhoun Cnty. Bd. of Supervisors, Acting as Tr. for the Drainage Dist. No. 86, 816 N.W.2d 367 (Iowa 2012). · cites it 14× “Drainage district improvements must necessarily cross railroad rights-of-way.”

Chicago & North W. Transp. Co. v. Webster Cnty. Bd. of Supervisorsors, 880 F. Supp. 1290 (N.D. Iowa 1995). · cites it 12× “Iowa Code § 468.109 provides for the appropriate notice from the board requiring construction of drainage system improvements that cross railroad rights-of-way: Whenever the board of supervisors shall have established any levee, or drainage district, or change of any natural…”

Iowa N. Ry. Co. v. Floyd Cnty. Bd. of Supervisors & Cerro Gordo Cnty. Bd. of Supervisors, acting as Trs. for Jt. Drainage Dist. Nos. 6 & 56 (Iowa Ct. App. 2025). · cites it 4× “” Iowa Code § 468.109 ; see also id. § 468.”

Iowa N. Ry. Co. v. Floyd Cnty. Bd. of Supervisors & Cerro Gordo Cnty. Bd. of Supervisors, acting as Trs. for Jt. Drainage Dist. Nos. 6 & 56 (Iowa 2025). · cites it 3× “Iowa Code §§ 468.109 , .110. This grant includes the power to direct the railroad to “rebuild and reconstruct the necessary culvert or bridge where any ditch, drain, or watercourse crosses its right-of-way, so as not to obstruct, impede, or interfere with the free flow of the…”

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