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HARDIN COUNTY v. UNION PACIFIC R. CO.

No. 11-1637.

826 N.W.2d 507 (2013)

HARDIN COUNTY DRAINAGE DISTRICT 55, DIVISION 3, LATERAL 10, Appellee, v. UNION PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Iowa.

February 1, 2013.

Attorney(s) appearing for the Case

Bruce E. Johnson of Cutler Law Firm, P.C., West Des Moines, for appellant.

Michael A. Smith and Shean D. Fletchall of Craig, Smith & Cutler, LLP, Eldora, for appellee.

ZAGER, Justice.

In this appeal, we must determine under Iowa's laws relating to drainage districts, who is responsible for the costs to repair and improve old underground drainage tiles which run under a railroad roadbed. Hardin County Drainage District 55 (Hardin County) argues that the Union Pacific Railroad Company (Union Pacific) should be responsible for repair of a subterranean drainage tile found under its roadbed, as railroads are statutorily required to pay...

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