State Codes and Statutes

Statutes > Iowa > Title-5 > Subtitle-1 > Chapter-161a > 161a-49

        161A.49  PETITION FOR COURT ORDER.
         The commissioners shall petition the district court for a court
      order requiring immediate compliance with an administrative order
      previously issued by the commissioners as provided in section
      161A.47, if:
         1.  The work necessary to comply with the administrative order is
      not commenced on or before the date specified in such order, or in
      any supplementary order subsequently issued as provided in section
      161A.48, unless in the judgment of the commissioners the failure to
      commence or complete the work as required by the administrative order
      is due to factors beyond the control of the person or persons to whom
      such order is directed and the person or persons can be relied upon
      to commence and complete the necessary work at the earliest possible
      time.
         2.  Such work is not being performed with due diligence, or is not
      satisfactorily completed by the date specified in the administrative
      order, or when completed does not reduce soil erosion from such land
      below the limits established by the soil and water conservation
      district's regulations.
         3.  The person or persons to whom the administrative order is
      directed advise the commissioners that they do not intend to commence
      or complete such work.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 467A.49] 
         Section History: Recent Form
         C93, § 161A.49
         Referred to in § 161A.48, 161A.50, 161A.74

State Codes and Statutes

Statutes > Iowa > Title-5 > Subtitle-1 > Chapter-161a > 161a-49

        161A.49  PETITION FOR COURT ORDER.
         The commissioners shall petition the district court for a court
      order requiring immediate compliance with an administrative order
      previously issued by the commissioners as provided in section
      161A.47, if:
         1.  The work necessary to comply with the administrative order is
      not commenced on or before the date specified in such order, or in
      any supplementary order subsequently issued as provided in section
      161A.48, unless in the judgment of the commissioners the failure to
      commence or complete the work as required by the administrative order
      is due to factors beyond the control of the person or persons to whom
      such order is directed and the person or persons can be relied upon
      to commence and complete the necessary work at the earliest possible
      time.
         2.  Such work is not being performed with due diligence, or is not
      satisfactorily completed by the date specified in the administrative
      order, or when completed does not reduce soil erosion from such land
      below the limits established by the soil and water conservation
      district's regulations.
         3.  The person or persons to whom the administrative order is
      directed advise the commissioners that they do not intend to commence
      or complete such work.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 467A.49] 
         Section History: Recent Form
         C93, § 161A.49
         Referred to in § 161A.48, 161A.50, 161A.74

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-5 > Subtitle-1 > Chapter-161a > 161a-49

        161A.49  PETITION FOR COURT ORDER.
         The commissioners shall petition the district court for a court
      order requiring immediate compliance with an administrative order
      previously issued by the commissioners as provided in section
      161A.47, if:
         1.  The work necessary to comply with the administrative order is
      not commenced on or before the date specified in such order, or in
      any supplementary order subsequently issued as provided in section
      161A.48, unless in the judgment of the commissioners the failure to
      commence or complete the work as required by the administrative order
      is due to factors beyond the control of the person or persons to whom
      such order is directed and the person or persons can be relied upon
      to commence and complete the necessary work at the earliest possible
      time.
         2.  Such work is not being performed with due diligence, or is not
      satisfactorily completed by the date specified in the administrative
      order, or when completed does not reduce soil erosion from such land
      below the limits established by the soil and water conservation
      district's regulations.
         3.  The person or persons to whom the administrative order is
      directed advise the commissioners that they do not intend to commence
      or complete such work.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 467A.49] 
         Section History: Recent Form
         C93, § 161A.49
         Referred to in § 161A.48, 161A.50, 161A.74