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IA · constitutions

Iowa Const. art. I, § 18

Eminent domain — drainage ditches and levees

activein force · 2026-09-25 – presentas-observed

Private property shall not be taken for public use without just compensation first being made, or secured to be made to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.

The general assembly, however, may pass laws permitting the owners of lands to construct drains, ditches, and levees for agricultural, sanitary or mining purposes across the lands of others, and provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains and ditches and to keep in repair all drains, ditches, and levees heretofore constructed under the laws of the state, by special assessments upon the property benefited thereby. The general assembly may provide by law for the condemnation of such real estate as shall be necessary for the construction and maintenance of such drains, ditches and levees, and prescribe the method of making such condemnation.

History

Paragraph 2 added by Amendment 13 (1908)

Provenance

Source
legis.iowa.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
e2dbffee681debb4d26e37b53794a33ca93244d4a47009fcd0738ece1bfac371
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