Iowa Code » Chapter 468 — LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS
Iowa Code

Iowa Code § 468.526A (2026)

Liability

✓ current as of July 2026
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A trustee is not personally liable for a claim which is exempted under section 670.4, except a claim for punitive damages. A trustee is not liable for punitive damages as a result of acts in the performance of a duty under this chapter, unless actual malice or willful, wanton, and reckless misconduct is proven. 2014 Acts, ch 1075, §10

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Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2024 · leading case: William & Mary Goche, LLC, Global Assets, LLC, & Joseph Goche v. Kossuth Cnty. Bd. of Supervisors in their capacity as Trs. of Drainage Districts 4, 18, & 80, Roger Tjarks, Pam Wymore, Kyle Stecker, Jack Plathe, Gene Elssbecker, Galen Casey, Donnie Loss, Don McGregor, & Don Besch (Iowa 2024).
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William & Mary Goche, LLC, Global Assets, LLC, & Joseph Goche v. Kossuth Cnty. Bd. of Supervisors in their capacity as Trs. of Drainage Districts 4, 18, & 80, Roger Tjarks, Pam Wymore, Kyle Stecker, Jack Plathe, Gene Elssbecker, Galen Casey, Donnie Loss, Don McGregor, & Don Besch (Iowa 2024). · cites it 6× “Goche relies on Iowa Code section 468.526A, which provides that a “trustee is not personally liable for a claim” exempted under the Iowa Municipal Tort Claims Act “except a claim for punitive damages.”
David D. Pogge & Douglas L. Pogge, Trs. of the Henry Pogge & Lavonne I. Pogge Trust Dated March 8, 2005 v. Adam W. Clemons, P.E., as Wright Cnty. Eng'r, Rick Rasmussen, as Supervisor, Dean Klus, as Supervisor, Karl Helgevold, as Supervisor, & Wright Cnty., Iowa (Iowa Ct. App. 2022). “§ 468.526A. 6 The Pogge Trust argues discretionary function immunity does not apply because the installation of new culverts was an operational decision and not a discretionary function.”
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