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161a-50
161A.50 BURDEN -- COURT ORDER.
In any action brought under section 161A.49, the burden of proof
shall be upon the commissioners to show that soil erosion is in fact
occurring in excess of the applicable soil loss limits and that the
defendant has not established or maintained soil and water
conservation practices or erosion control practices in compliance
with the soil and water conservation district's regulations. With
respect to construction, repair, or maintenance of any public street,
road, or highway, evidence that soil erosion control standards
equivalent to or in excess of those currently imposed by the United
States government on the project or like projects involving use of
federal funds shall create a presumption of compliance with the
applicable soil loss limit. Upon receiving satisfactory proof, the
court shall issue an order directing the landowner or landowners to
comply with the administrative order previously issued by the
commissioners. The court may modify such administrative order if
deemed necessary. Notice of the court order shall be given either by
personal service or by restricted certified mail to each of the
persons to whom the order is directed, who may within thirty days
from the date of the court order appeal to the supreme court. Any
person who fails to comply with a court order issued pursuant to this
section within the time specified in such order, unless the order has
been stayed pending an appeal, shall be deemed in contempt of court
and may be punished accordingly. Section History: Early Form
[C73, 75, 77, 79, 81, § 467A.50] Section History: Recent Form
C93, § 161A.50
Referred to in § 161A.48, 161A.61, 161A.74
