514 IOWA DEPARTMENT OF AGRICULTURE. 



It is first necessary to understand the relation of natural to artificial 

 drainage when carrying out the provisions of the drainage law. Artificial 

 drainage only supplements natural drainage and is planned and executed by 

 man to complete what nature has already only indicated or begun. Every 

 owner of land is entitled to all natural drainage advantages pertaining to his 

 property. His title of ownership carries with it a right to all values bestowed 

 by nature. All natural channels affording adequate outlets for portions of 

 his land requiring artificial drainage, the undulating surface or peculiar 

 character of its subsoil which may render its drainage comparatively simple 

 and easy, are elements of value which go with the land and should be duly 

 considered in making plans and assessments for its more complete drainage. 

 On the other hand, possibly his land has no natural outlet for its drainage is 

 level, is wet or overflowed by the natural run off from adjoining lands — all 

 of which features, being natural, are as much a part of his possession as 

 those having value. The principle then, is, natural drainage facilities pos- 

 sessed by farm lands belong to their owners. The cost of artificial or sup- 

 plementary drainage should be paid by the owners of the land affected in 

 proportion to the benefit conferred by the work. The successful application 

 of this principle in making drainage assessments depends largely upon the 

 judgment of those charged with such duties and upon the comprehensive 

 manner in which they consider all of the factors entering into the problem. 



CLAIMS FOR DAMAGES. 



The Iowa law permits one or more landowners who desire the establish- 

 ment of a drainage district to file a petition for the same with the county 

 auditor, which petition is presented to the board of supervisors for consid- 

 eration at any meeting. The board at once appoints an engineer who is 

 instructed to examine and survey the lands described in the petition and in 

 his report to the county auditor to show what lands are affected, with the 

 names of their owners, and file a plat showing the plan of the proposed im- 

 provement, together with an estimate of its cost. The auditor then serves 

 notice on the owners of the land affected by the proposed improvement that 

 any claims for damages by reason of such proposed improvement must be 

 filed in writing five days before the day set by the board for hearing the pe- 

 tition. This opens the way for filing all manner of damage claims on account 

 of the proposed improvement. Since damages are a part of the cost of the 

 work, the amount must be determined before proceeding further with the 

 project. The law directs that three appraisers be appointed by the board 

 to examine these claims and report to the board in due form the amount 

 which should be allowed each claimant. The question now arises, what are 

 damages in the sense in which the term is used in the law and what princi- 

 ples should govern in fixing their amount? We may observe that in carrying 

 out drainage improvements four classes of property may be affected: (1) 

 farm lands, (2) public highways, (3) railroads, (4) incorporated towns and 

 villages. Damage claims should be considered irrespective of offsetting 

 benefits, since under the Iowa law the two are determined by different and 

 distinct commissions. 



