186 Iowa 721 | Iowa | 1919
I. The questions presented herein involve the relative rights and obligations of three contiguous drain
The two junctions are indicated by X. The upper X indicates the outlet of the main drain in 84, and is on the east and west center line of Section 3. The lower X indicates the junction of the Y with the main drain of 90. The ST is extended westerly to connect with the outlet of No. 85.
Though the elevation of the lands in 84 and 85 was high, as compared with the elevation of their own outlets, yet they contained much standing water in the form of ponds, some of these being very large.
The construction of the improvement in No. 90 gave 84 and 85 outlets six feet underground. In the proceedings pertaining to 90 and to the construction of its improvement, the board seems to have regarded it as a distinct entity from 84 and 85. The actual record, however, discloses that the commissioner appointed by the board recommended that the prayer of the petitioners be granted, and this report was adopted by the board. The record also shows that the only petitions before the board were for the extension of Districts S4 and 85 to an outlet at the river. The board and the commissioner, however, proceeded upon the theory that the cost of this extension must be borne by the lands included within 90, except that the commissioner recommended and the board ordered that $850 of the expense should be taxed to District 84, and $250 thereof to District 85. With this exception, the cost of the extension was apportioned to the property owners within District 90. From the assessments thus made against them, the five plaintiffs herein appealed. With one exception, no complaint is made of inequality in the assessments, as between the lands included in 90. The claim on the part of the appealing plaintiffs is that a greater sum should have been apportioned to the lands in 84 and 85 than the amounts already specified, and that, therefore,
On the question of what amount should properly have been apportioned to the dominant districts, approximation is the best that can be done. Two experienced engineers testified on the subject, and each presented two recognized methods of computation, one being based upon the proportionate amount of water cast per second from each district into the main, and the other being based upon a computation of the actual benefit accruing to each particular tract of land within the district. These methods of computation presented a considerable variance in result; from a minimum of about $4,000 to a maximum of over $7,000. The trial court adopted approximately the minimum. The basis of computation contended for by the defendant was the amount of cost of extending the original outlets a distance