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Union Pacific Railroad Company and Midwestern Railroad Properties v. Drainage District 67 Board of Trustees, Gary Rabe, in His Capacity as a Member of the Board of Trustees, Keith Helving, in His Capacity as a Member of the Board of Trustees, Dennis Prochaska, in His Capacity as a Member of the Board of Trustees
20-0814
| Iowa | May 6, 2022
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Background:

  • Drainage District No. 67 built a tile drainage system in early 1900s; Union Pacific/Midwestern Railroad was originally assessed 5.81% of the benefit and cost for the installation.
  • In 2018 an inspection showed the century-old tile needed substantial repair; an engineer concluded the main tile had exceeded its useful life and risked collapse.
  • Repair bids totaled $200,891; about $98,343 (~49%) was for work and materials required to meet federal railroad safety regulations at the rail crossing, nearly doubling project cost.
  • A reclassification commission concluded regulatory-compliance costs conferred a "special benefit" to the Railroad and recommended allocating one-half of total repair cost to the Railroad (treating the regulated portion as 100% Railroad benefit).
  • The Board adopted the reclassification over the Railroad’s objection; the Railroad sued, both sides moved for summary judgment, the district court ruled for the Railroad, the court of appeals affirmed, and the Iowa Supreme Court granted further review.
  • The Supreme Court affirmed: it held the commission improperly based reclassification on repair costs/ regulatory compliance (costs) rather than on benefits, vacated the reapportionment, reinstated the prior 5.81% assessment, and narrowly limited the injunction to bar reliance on the flawed reclassification process.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Whether increased repair cost from federal railroad regulations can be treated as a “special benefit” on reclassification Railroad: Reclassification conflates costs with benefits; regulatory-compliance costs are not benefits and cannot justify increased assessment Drainage Dist.: Iowa law permits equitable reclassification; regulatory-driven added cost can be apportioned to Railroad as a special benefit Held: No — costs of regulatory compliance are not a "special benefit"; commission improperly based reclassification on costs rather than benefits; assessment reversed
Proper remedy and scope of injunction Railroad: Void the reclassification, enjoin assessments based on it, reinstate original 5.81% Drainage Dist.: District court injunction was overly broad and could bar lawful future reclassification Held: Affirm judgment for Railroad and reinstated 5.81%; injunction narrowly construed to bar reliance on this flawed reclassification but does not prohibit future reclassification consistent with chapter 468

Key Cases Cited

  • Pollock v. Board of Supervisors, 138 N.W. 415 (Iowa 1912) (cost of construction across particular land is not the measure of benefit)
  • United States R.R. Admin. v. Board of Supervisors, 194 N.W. 365 (Iowa 1923) (construction required by improvement is a necessary incident, not a new benefit)
  • Chicago & North Western Ry. v. Board of Supervisors (The Hamilton County Case), 153 N.W. 110 (Iowa 1915) (benefits measured by savings in maintenance and other advantages afforded by drainage)
  • Chicago & N.W. Ry. v. Dreessen, 52 N.W.2d 34 (Iowa 1952) (benefit consideration may include past flood damage and anticipated costs without improvement)
  • Hardin County Drainage Dist. 55 v. Union Pacific R.R., 826 N.W.2d 507 (Iowa 2013) (overview of Iowa Code chapter 468 statutory framework for drainage districts)
  • Fulton v. Sherman, 238 N.W. 88 (Iowa 1931) (tract receiving greatest benefit bears heaviest cost assessment)
Read the full case

Case Details

Case Name: Union Pacific Railroad Company and Midwestern Railroad Properties v. Drainage District 67 Board of Trustees, Gary Rabe, in His Capacity as a Member of the Board of Trustees, Keith Helving, in His Capacity as a Member of the Board of Trustees, Dennis Prochaska, in His Capacity as a Member of the Board of Trustees
Court Name: Supreme Court of Iowa
Date Published: May 6, 2022
Docket Number: 20-0814
Court Abbreviation: Iowa