Public-domain · open source
OpenJurist

Iowa Code § 468.5

Location across railroad

Applied in 1 court decision — leading case Hardin County Drainage District 55, Division 3, Lateral 10 v. Union Pacific Railroad Company (2013)

Most recently applied in Hardin County Drainage District 55, Division 3, Lateral 10 v. Union Pacific Railroad Company (February 2013)

[S13, §1989-a2; C24, 27, 31, 35, 39, §7426; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455.6]

When any such ditch or drain crosses any railroad right-of-way, it shall when practicable be located at the place of the natural waterway across such right-of-way, unless said railroad company shall have provided another place in the construction of the roadbed for the flow of the water; and if located at the place provided by the railroad company, such company shall be estopped from afterwards objecting to such location on the ground that it is not at the place of the natural waterway.

89 Acts, ch 126, §2

CS89, §468.5

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