COMPILED CODE - Iowa Legislature - State of Iowa

333
Tit. XV, Ch. 2. LEVEES, DRAINS AND WATERCOURSES. i 4858-al.
26 provement and such railroad company shall be liable for the cost there-
27 of to be collected by the county in any court having jurisdiction ; and
28 the cost of constructing the improvement across the right of way of
29 such company, not including the cost of building and constructing or
30 rebuilding and reconstructing any necessary culvert or bridge when
31 such improvement is located at the place of the natural waterway or
32 place provided by the railroad company for the flow of the water, shall
33 be considered as an element of such company's damages by the ap-
34 praisers thereof ; and the cost of building and constructing or rebuild-
35 ing and reconstructing any necessary culvert or bridge, when such
36 improvement is located at the place of the natural waterway or place
37 provided by the railroad company for the flow of the water, shall be
38 borne by such railroad company without reimbursement therefor.
39 It shall be the duty of any railroad company to furnish the con-
40 tractor free passage across its right of way, telegraph, telephone and
41 signal lines, for his machines and equipment without dismantling the
42 same, whenever recommended by the engineer and approved by the
43 board of supervisors, and the cost thereof shall be considered as an
44 element of such company's damages by the appraisers thereof; pro-
45 vided that if such company shall fail to do so within thirty days after
46 written notice from the auditor, the engineer shall cause the same to
47 be done under his direction, and the company shall be liable for the
48 cost thereof to be collected by the county in any court having juris-
49 diction. Provided, further, that the railway company shall have the
50 right to designate the day and hours thereof within said period of
51 thirty days above mentioned when such crossing shall be made.
52 The commissioners to assess benefits shall fix and determine the
53 benefits to the property of the railroad company within the levee or
54 drainage district and make return thereof with their regular return.
55 Such special assessment shall be a debt due personally from the rail-
56 road company, and unless the same is paid by the railroad company
57 as special assessment, it may be collected in the name of the county
58 in any court having jurisdiction. All other proceedings in relation
59 to railroads shall be the same as provided for individual property
60 ' owners within the drainage district.
[S., '13, § 1989-al8; 39 G. A., ch. 206, § 2.]
SEC. 4858-al. Establishment and construction across telegraph,
telephone and electric lines.
1 Whenever the board of supervisors shall have established any
2 levee or drainage district or change of any natural watercourse and
3 the levee, ditch, drain or watercourse as surveyed and located crosses
4 any telephone, telegraph or other electric line it shall be the duty of
5 the company controlling said line to remove the same to permit the
6 free passage and operation of the contractor's equipment without dis-
7 mantling such equipment and the contractor shall pay the reasonable
8 cost of the expense of such removal and for the cost necessary to put
9 same back in proper condition.
10 The contractor shall be required to give written notice fifteen
11 days in advance of the time in which such lines shall be removed by
12 the companies owning same.
13 If the company shall fail, neglect or refuse to comply with the
14 provisions of this section the county auditor of the county in which
15 such improvement is being done shall cause the same to be done under