Iowa Code

Iowa Code § 468.38 (2026)

Commissioners to classify and assess

✓ current as of July 2026

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When a levee or drainage district has been located and finally established or, unless otherwise provided by law, when the required proceedings have been taken to enlarge, deepen, widen, change, or extend any of the ditches, laterals, settling basins, or drains of a district, or the required proceedings have been taken to annex additional lands to a district, or a plan of the United States government for original construction of the improvements in a district has been adopted by the district under sections 468.201 through 468.216, the board shall appoint three commissioners to assess benefits and classify the lands affected by the improvement. One of the commissioners shall be a competent civil engineer and two of them shall be resident freeholders of the county in which the district is located, but not living within, nor interested in, any lands included in the district, nor related to any party whose land is affected by the district. The commissioners shall take and subscribe an oath of their qualifications and to perform the duties of classification of the lands, to fix the percentages of benefits, apportion and assess the costs and expenses of constructing the improvement, divide and rename original improvements, and, if included in the board’s resolution, adopt special common outlet classifications to be maintained independent of the district’s regular assessment schedules, according to law and their best judgment, skill, and ability. If the commissioners or any of them fail or neglect to act or perform the duties in the time and as\n\nTue Dec 09 22:08:55 2025 Iowa Code 2026, Chapter 468 (83, 1) 19 LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS, §468.41\n\nrequired of them by law, the board shall appoint others with like qualifications to take their places and perform the duties. [SS15, §1989-a12; C24, 27, 31, 35, 39, §7464; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.45] 89 Acts, ch 126, §2 CS89, §468.38 91 Acts, ch 80, §2 Referred to in §468.8, 468.13, 468.49, 468.65, 468.126, 468.184 Procedure governing reclassification, see §468.67

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2014–2021 · 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 2× “§ 468.38. When the board of supervisors has finally determined the matter of assessments of benefits and apportionment for drainage district improvements, the board is given the power to levy the assessments as fixed by it upon lands within the district.”

Pieper, Inc. & Mep Co. v. Green Bay Levee & Drainage Dist. No. 2 (Iowa Ct. App. 2016). · cites it 4× “120, the assessment of the annexed land must be by the method used “in the 13 establishment of an original district,” arguing the scale-of-benefits method of assessment found in Iowa Code sections 468.38 and 468.39 is required. Iowa Code section 468.”

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 6× “See Iowa Code § 468.38 . The commissioners must include one competent civil engineer and two landowners in the county who do not have an interest in any of the included lands.”

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). “§ 468.38. When the board of supervisors has finally determined the matter of assessments of benefits and apportionment for drainage district improvements, the board is given the power to levy the assessments as fixed by it upon lands within the district.”

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). “§ 468.38. When the board of supervisors has finally determined the matter of assessments of benefits and apportionment for drainage district improvements, the board is given the power to levy the assessments as fixed by it upon lands within the district.”

Union Pac. R.R. Co. v. Drainage Dist. 87 Bd. of Trs. (Iowa Ct. App. 2021). “§§ 468.38, 468.127(1); Chi. Cent. & Pac. R.”

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