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Board denies reimbursement request for fence and property damage at 401 Graham Street, Lakota

5823847 · September 24, 2025
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Summary

Property owner Annette Taylor presented damage photos and sought reimbursement after county drainage work replaced old tile and removed fence and trees; the board voted to deny reimbursement, citing policy for non-engineered projects and statutory authority to remove obstructions.

Annette Taylor addressed the Kossuth County Board of Supervisors seeking reimbursement for fence replacement and other property damage at 401 Graham Street in Lakota after county drainage work replaced district tile and removed fence and vegetation.

Taylor described extensive ground disturbance, loss of fence and water now present where she had not previously had standing water. She said the county removed woven wire fencing rather than opening a gate and that her property had shown no water issues in prior years. Taylor provided photographs and said the work began in 2022; she submitted estimates for fence replacement and said the contractor on the drainage work was Blumenthal Excavating.

County staff and supervisors explained that the project was not an engineered improvement and that, under county practice, the district has not reimbursed crop damages or fence repair for non-engineered repairs. Staff cited Iowa Code provisions regarding removal of obstructions from drains and tile (meeting discussion referenced Iowa Code chapter 468, sections concerning removal of obstructions and the district’s authority to make repairs and charge owners). Staff also said replacements used non-perforated tile and that some old tile lines were heavily rooted and blocked; the new tile’s construction differs and was intended to restore flow capacity.

After discussion, a motion to deny reimbursement for the claimed fence and property damage passed on a roll-call vote. The board recorded the vote in the meeting minutes; supervisors said the drainage district, not the county general fund, would be the responsible entity for any district payments and noted county policy has limited reimbursement for non-engineered projects.

Taylor was informed the board had denied reimbursement; staff will maintain the submitted documentation in the project file.