Iowa Code

Iowa Code § 468.2 (2026)

Presumption and construction of laws

✓ current as of July 2026

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1. The drainage of surface waters from agricultural lands and all other lands, including

Tue Dec 09 22:08:55 2025 Iowa Code 2026, Chapter 468 (83, 1) 7 LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS, §468.3\n\nstate-owned lakes and wetlands, or the protection of such lands from overflow shall be presumed to be a public benefit and conducive to the public health, convenience, and welfare. 2. The provisions of this subchapter and all other laws for the drainage and protection from overflow of agricultural or overflow lands shall be liberally construed to promote leveeing, ditching, draining, and reclamation of wet, swampy, and overflow lands. [S13, §1989-a1, -a46; C24, 27, 31, 35, 39, §7422, 7594; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.2, 455.182] 89 Acts, ch 126, §2 CS89, §468.2 2011 Acts, ch 59, §1, 4

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1994–2025 · leading case: Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).

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Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017). · cites it 42× “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

Hardin Cnty. Drainage Dist. 55, Div. 3, Lateral 10 v. Union Pac. R.R. Co., 826 N.W.2d 507 (Iowa 2013). · cites it 4× “” Iowa Code § 468.2 (2007). To achieve this goal, counties may “establish a drainage district and .”

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 4× “” Iowa Code § 468.2 (1). A county board of supervisors has the authority to establish a drainage district when it is “conducive to the public health, convenience or welfare.”

Hicks v. Franklin Cnty. Auditor, 514 N.W.2d 431 (Iowa 1994). · cites it 3× “See Iowa Code § 468.2 . “ ‘Substantial compliance’ means compliance to the extent necessary to assure that the reasonable objectives of the statute are met.”

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19 (Iowa 2017). · cites it 21× “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017). · cites it 21× “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

David Wyatt, Robert Swan, & Allen McGranahan v. Clay Cnty. Bd. of Supervisors & Clay Cnty. Drainage Dist. No. 37 (Iowa Ct. App. 2021). · cites it 2× “The legislature provided different voting requirements and formulas depending on what action was required—some making actions more difficult to attain, others making certain actions easier to attain. For example, the voting formula for establishment of a drainage district or…”

Marabelle Ann 'Le' Abbas; Marabelle Abbas Trust; Matthew Abbas; Harland Duane Abbas Trust; Patricia F. Hanson; Patricia Hanson; Ten-K Farms, Inc; Bruce C. Reid; Lynette Meyer & Roy & Neva Stover Trust v. Franklin Cnty. Bd. of Supervisors, Mike Nolte, Gary McVicker, & Chris Vanness as Trs. of Drainage Dist. No. 28 (Iowa 2025). · cites it 2× “’ ” (omission in original) (quoting Iowa Code § 468.2 (1989))); see also Iowa Code § 468.”

Everette Hamner, Jennifer Hamner, Judy Skogman, & Susan Himes v. City of Bettendorf, Iowa, an Iowa Mun. Corp. (Iowa Ct. App. 2016). “§ 468.2(1). Even so, the easement must place no “greater burden on the servient estate than was contemplated at the time of formation.”

— Iowa Code § 468.2(1) — 4 cases

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017). “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19 (Iowa 2017). “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017). “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

— Iowa Code § 468.2(2) — 3 cases

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017). “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19 (Iowa 2017). “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017). “9 Iowa Code § 468.2 (1)–(2). The thirteen defendant drainage districts in this case are located in the North Raccoon watershed and the Des Moines Lobe geographic formation.”

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