2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 311 - SECONDARY ROAD ASSESSMENT DISTRICTS
311.7 - IMPROVEMENT BY PRIVATE FUNDS.

        311.7  IMPROVEMENT BY PRIVATE FUNDS.
         The owner or a group of owners of not less than seventy- five
      percent of the lands adjacent to, or abutting upon any secondary road
      may, on or before October 1 of any year, petition the board of
      supervisors of their county for the improvement of the road, and for
      the assessment of not less than fifty percent, or a greater portion
      as provided in the petition, of the cost of the improvement, to the
      lands adjacent to, or abutting upon the road.  When the petition has
      been filed, the board of supervisors shall review the project
      proposed by the petition and may accept or reject the proposed
      project.  If the board of supervisors accepts the petition, the board
      shall include the project in the secondary road construction program
      of the county and establish a priority for the completion of the
      project.
         The board of supervisors shall proceed with the construction and
      completion of the project in accordance with its assigned priority
      and under the same procedure as is prescribed generally for the
      improvement of secondary roads by assessment, and shall establish a
      special secondary road assessment district and assess against the
      lands included in the district not less than fifty percent, or a
      greater portion as provided in the petition, of the engineer's
      estimated cost of the improvements of the road included in the
      project against all the lands adjacent to or abutting upon the road.

         However, if the owners of all the lands included in any special
      secondary road assessment district under this section, subscribe and
      deposit with the county treasurer an amount not less than fifty
      percent, or a greater portion as provided in the petition, of the
      engineer's estimated cost of the improvement of the road included in
      the project, the board of supervisors shall not establish the special
      assessment district, but shall accept the donations in lieu of an
      assessment, and shall otherwise proceed to the improvement of the
      road.
         The total expenditure of secondary road funds of the county in any
      year for or on account of special secondary road assessment district
      projects on local secondary roads under this section shall not exceed
      the total secondary road funds legally expendable for construction on
      local secondary roads in the county in the year.
         Upon the completion of the road, and the satisfaction of all
      claims in relation to the road, any balance then remaining of the
      funds provided by the sponsors shall be returned to them according to
      their respective interests, providing all guarantees made by the
      sponsors have been fulfilled.  

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 4747, 4753; C46, § 311.4, 311.10; C50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 311.7] 

         Section History: Recent Form

         83 Acts, ch 123, § 112, 209; 85 Acts, ch 143, § 6; 86 Acts, ch
      1024, § 1
         Referred to in § 331.429