Iowa Code

Iowa Code § 468.28 (2026)

Dismissal on remonstrance

✓ current as of July 2026

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If, at or before the time set for final hearing as to the establishment of a proposed levee, drainage, or improvement district, except a subdrainage district, a remonstrance signed by a majority of the landowners in the district has been filed with the county auditor, or\n\nTue Dec 09 22:08:55 2025 Iowa Code 2026, Chapter 468 (83, 1) §468.28, LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS 16\n\nauditors, in case the district extends into more than one county, and the remonstrants in the aggregate own seventy percent or more of the lands to be assessed for benefits or taxed for said improvements and are remonstrating against the establishment of the levee, drainage, or improvement district, setting forth the reasons therefor, 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 the 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 records in relation to the proposed district. [C24, 27, 31, 35, 39, §7453; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.34] 89 Acts, ch 126, §2 CS89, §468.28 2022 Acts, ch 1021, §116 Referred to in §468.119

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2014–2021 · leading case: Philip Naeve, Marilynne J. Naeve, Kyndra Naeve Walton, Camille Naeve Urban, Naeve Farm, Inc., & the Philip & Marilynne Naeve Trust v. Humboldt Cnty. Drainage Dist. 126, Humboldt Cnty. Bd. of Supervisors & Its Members, Harley Hett, Jerry Haverly, Harlan Hansen, John M. Christianson & Carl Mattes (Iowa Ct. App. 2014).

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Philip Naeve, Marilynne J. Naeve, Kyndra Naeve Walton, Camille Naeve Urban, Naeve Farm, Inc., & the Philip & Marilynne Naeve Trust v. Humboldt Cnty. Drainage Dist. 126, Humboldt Cnty. Bd. of Supervisors & Its Members, Harley Hett, Jerry Haverly, Harlan Hansen, John M. Christianson & Carl Mattes (Iowa Ct. App. 2014). · cites it 4× “See Iowa Code § 468.28 . Any party failing to file a claim or objections to the establishment of the district “at or before the time fixed for said hearing .”

David Wyatt, Robert Swan, & Allen McGranahan v. Clay Cnty. Bd. of Supervisors & Clay Cnty. Drainage Dist. No. 37 (Iowa Ct. App. 2021). “But to ensure that a small tract with a large number of owners with a fractional interest could not compel the establishment of a drainage district or major improvement upon all owners (more extreme consequences), the legislature also required that the majority of owners own…”

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