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

Iowa Code § 468.91 (2026)

Trial on appeal — consolidation

✓ current as of July 2026
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Appeals from orders or actions of the board fixing the amount of compensation for lands taken for right-of-way or the amount of damages to which any claimant is entitled shall be tried as ordinary proceedings. All other appeals shall be triable in equity. The court may, in its discretion, order the consolidation for trial of two or more of such equitable cases. [S13, §1989-a6, -a14, -a35; C24, 27, 31, 35, 39, §7522; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.101] 89 Acts, ch 126, §2 CS89, §468.91 Referred to in §357.33, 468.126, 602.8102(65)

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Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1994–2025 · leading case: 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).
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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 § 468.91 . This dispute does not concern the amount of damages CCP is entitled to; rather, the issue is whether CCP is entitled to recover damages at all.”
Hicks v. Franklin Cnty. Auditor, 514 N.W.2d 431 (Iowa 1994). “§§ 468.91, 661.3; Fitzgarrald v. City of Iowa City, 492 N.”
Cook v. McNeal, 602 N.W.2d 353 (Iowa 1999). · cites it 2× “Iowa Code section 468.91 provides that, except for appeals from drainage board decisions involving compensation or damages for lands taken for right of way, “[a]ll other appeals shall be triable in equity.”
Lemke v. Franklin Cnty. Bd. of Supervisors (Iowa Ct. App. 2025). · cites it 3× “The landowners appealed this decision to the district court under section 468.91. A hearing was held in November 2022, following which the parties submitted briefs for the court’s consideration.”
John & Lauri Askew v. Trs. of Mule Slough Drainage Dist. (Iowa Ct. App. 2020). · cites it 2× “Standard of Review Under section 468.91, this case was tried in equity.”
Abbas v. Franklin Cnty. Bd. of Supervisors (Iowa Ct. App. 2024). · cites it 2× “” Iowa Code § 468.91 . This case involves the amount of damages and was therefore a trial at law.”
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). “See Iowa Code § 468.91 (“Appeals from orders or actions of the board fixing the amount of compensation for lands taken for right-of-way or the amount of damages to which any claimant is entitled shall be tried as ordinary proceedings.”
Warren Christy & Alice Christy v. Harrison Cnty. Bd. of Supervisors, Acting as the Bd. of Trs. of the Sieg Drainage Dist. (Iowa Ct. App. 2015). “§ 468.91. 1 After 2011, this amount was changed to fifty thousand dollars.”
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