Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Drainage Law And Railroad Dispute topic
No spam. Unsubscribe anytime.
Supervisors briefed on drainage dispute with Iowa Northern Railroad invoking federal preemption
Summary
At a Feb. 3 meeting, the Wright County Board of Supervisors heard that an Iowa county is in court with the Iowa Northern Railroad Company over repairs in the railroad right-of-way; the railroad cites the 1995 ICC Termination Act to argue federal preemption of state drainage law.
Chairman Rasmussen told the Wright County Board of Supervisors on Feb. 3 about a pending court fight in which an Iowa county sued the Iowa Northern Railroad Company over drainage repairs in the railroad right-of-way.
Rasmussen said the railroad is arguing that the 1995 federal Interstate Commerce Commission Termination Act preempts state drainage claims and therefore the railroad should not be required to pay for certain repairs. He noted drainage law in the state pre-dates the 1995 federal action and said the dispute could be appealed to higher courts, potentially ultimately to the U.S. Supreme Court.
Rasmussen reported the briefing came during a meeting of the Iowa Drainage District Association, which had teleconferenced with the association's attorney tracking legislative developments and litigation. The county continues to submit work requests to the railroad in some locations but, Rasmussen said, has had difficulty obtaining responses; he has shared that information with the association's attorney, Doug Stripe.
Supervisors asked whether previously requested right-of-way work remains unresolved; Rasmussen said multiple work requests remain outstanding and the railroad has not responded after receiving notices.
No formal county action was taken; the discussion was informational and a status update on intergovernmental litigation and pending legislation affecting drainage districts.
