Franklin County Board of Supervisors, et al. v. Marabelle Ann 'Le' Abbas, et al.

Hsmpton, Iowa civil litigation lawyer represented the Defendant in a condemnation case.



This case involved damages awards related to a drainage ditch project undertaken in 2017 to deepen and widen the drainage ditch known as Drainage District No. 48 (DD48) in Franklin County. The district court concluded that the Franklin County Board of Supervisors (the Board) had not abandoned the original right-of-way easement granted in 1906 when the drainage district was first established, so the right-of-way damages stemming from reconstruction of the open ditch in 2017 were allowed only to the extent the easement was expanded beyond its prior boundaries. It also concluded that the affected landowners were entitled to severance damages for the diminution in value of their remaining property caused by the inability to traverse the open ditch with farming equipment. Finally, the district court ordered the owners of one of the properties to deed to the Board 4.01 acres that had become landlocked and inaccessible by the 2017 ditch reconstruction and for which the Board was required to pay the full value of the property as part of the severance damage award.



* * *



There are two general types of damages associated with a drainage district: right-of-way damages and severance damages. Right-of-way damages compensate a property owner for the value of the land taken for the construction of the drainage ditch. See id. §§ 468.22(2) (requiring appointment of appraisers "to assess the value of the right-of-way required for open ditches or other improvements"), .25 (requiring appraisers to "place a separate valuation upon the acreage of each owner taken for right-of-way for open ditches or for settling basins, as shown by plat of engineer"); see also Johnston v. Drainage Dist. No. 80 of Palo Alto Cnty., 168 N.W. 886, 887 (Iowa 1918) ("Plaintiff was entitled to payment for the fair market value of the land included within the drainage right of way ...."). Severance damages compensate a property owner for the decrease in value, if any, to his remaining property caused by having a drainage ditch run through it. See Harris v. Bd. of Trs. of Green Bay Levee &Drainage Dist. No. 2, 59 N.W.2d 234, 237 (Iowa 1953) (explaining that a property owner's reimbursement from a drainage district compensates not only for the fair market value of the property taken but "also includes the reduced value, if any, of the remaining farm lands, and other damages caused by such severance"); see also 11A Eugene McQuillin, The Law of Municipal Corporations § 32:94, Westlaw (3d ed. updated July 2024) ("When only a part of the land is legally taken by condemnation proceedings, the value of the land taken and the decreased value, if any, of the remaining part at that time constitute the measure of damages. These damages are termed severance damages." (footnote omitted)).



* * *



PROPERTY LAW. EASEMENTS AND DRAINAGE DISTRICTS. The case addresses whether a county board of supervisors had maintained an existing easement for a drainage ditch established in 1906 for the reconstruction undertaken in 2017, and whether such an easement had been abandoned.



PROPERTY LAW. SEVERANCE DAMAGES. The case examines whether landowners in a drainage district are entitled to severance damages for alleged diminishment in the value of their remaining farmland due to a reconstructed drainage ditch, considering historical easements and changes in farming methods.



EMINENT DOMAIN. STATUTORY CONDEMNATION PROCEDURES. The case explores the authority of drainage districts to expand existing right-of-way easements using statutory procedures akin to eminent domain and whether compensation for landlocked property necessitates the conveyance of title.



Key Phrases Drainage district dispute. Severance damages claims. Right-of-way easement. Appraisal committee's valuation. Eminent domain procedures.

Reversed