Iowa Code 468.209 – Entry of order — effect
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1. If the board, after consideration of the subject matter, including all objections filed to the adoption of the plan and all claims for damages, shall find that the district will be benefited by adoption of the plan or the purposes for which the district was established is furthered by the plan, the board shall enter an order approving and adopting the final plan. The order shall have the effect of:
a. Altering the boundaries of the district to conform to the changes effected by the plan adopted.
b. Canceling all existing awards for damages for property not appropriated for right-of-way or construction and rendered unnecessary by the plan so adopted.
c. Canceling all awards previously made for damages other than for right-of-way or construction but reinstating the claims for such damages which said claims may be amended by the claimants within ten days thereafter.
d. Canceling all unpaid assessments for benefits on lands excluded from the district by adoption of the plan. The assessments so canceled shall become part of the costs of the improvement.
e. Establishing as benefited thereby the lands added to the district by adoption of the plan and rendering same subject to classification and assessment.
Terms Used In Iowa Code 468.209
- Cost: means the same as defined in section 384. See Iowa Code 468.585
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- district: means a district defined by a county and one or more cities within the county pursuant to an agreement entered into by the county and cities in accordance with chapter 28E and this part with respect to drainage improvements which the county and cities determine benefit the property located in the cities and the designated unincorporated area of the county. See Iowa Code 468.585
- property: includes personal and real property. See Iowa Code 4.1
2. Whenever a plan has been adopted as contemplated by this section, modification and changes can be made therein without further notice or hearing, provided the same do not increase or decrease the estimated cost of the plan to the district by more than twenty-five percent.