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Iowa Code § 468.149

Obstructing or damaging

Redline — January 1, 2016 → current.View current text →
Current — January 1, 2018
As of January 1, 2016
1. A person is guilty of a serious misdemeanor if, without legal authority, the person willfully does any of the following:
a. Diverts, obstructs, impedes, or fills up any ditch, drain, or watercourse.
b. Breaks down or injures any levee or the bank of any settling basin, established, constructed, and maintained under any provision of law.
Any person or persons willfully diverting, obstructing, impeding, or filling up, without legal authority, any ditch, drain, or watercourse or breaking down or injuring any levee or the bank of any settling basin, established, constructed, and maintained under any provision of law, or obstructing, or engaging in travel or agricultural practices upon the improvement or rights-of-way of a levee or drainage district which the governing body thereof has, by resolution, determined to be injurious to such improvement or to interfere with its proper preservation, operation or maintenance, and has prohibited, shall be deemed guilty of a serious misdemeanor and any such unlawful act as above described is hereby declared to be a nuisance and may be abated as such.
c. Obstructs or engages in travel or agricultural practices upon the improvement or rights-of-way of a levee or drainage district which the governing body thereof has, by resolution, determined to be injurious to such improvement or to interfere with its proper preservation, operation, or maintenance, and has prohibited.
2. Any unlawful act described in subsection 1 is a nuisance and may be abated.
Said governing body shall also have the power to repair any ditch, drain or watercourse, or any levee or bank of any settling basin damaged by any person or persons in violation of the resolution of said governing body, after three days’ notice to such person or persons to make such repair, in the event that there is a failure to do so, and the expense thereof shall be assessed to such person or persons and shall be certified and collected as other taxes.
3. A governing body shall have the power to repair any ditch, drain, or watercourse, or any levee or bank of any settling basin, damaged by any person or persons in violation of a resolution of the governing body, after three days’ notice to such person or persons to make such repair. In the event that there is a failure to make the repair, the expense of the repair shall be assessed to the person or persons and shall be certified and collected in the same manner as other taxes.
89 Acts, ch 126, §2
CS89, §468.149
CS89, §468.149
Nuisances in general, chapter 657
Nuisances in general, chapter 657

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.