reglab/housing_qa huggingface dataset:
IA Code § 354.15 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.15 - Review of auditor’s plats.

354.15 Review of auditor’s plats.   A proposed auditor’s plat shall be filed with the applicable governing body which shall review the plat within the time specified by ordinance, and if it conforms to chapter 355, the governing body shall by resolution approve the plat and certify the resolution to be recorded with the plat. The governing body may state in the resolution whether the lots within the auditor’s plat meet the standards and conditions established by ordinance for subdivision lots. The lots within a recorded auditor’s plat and parcels within a recorded plat of survey prepared under section 354.13 are individually subject to local regulations and ordinances. Approval of an auditor’s plat shall not impose any liability on a governing body to install or maintain public improvements or utilities within the plat. Approval of an auditor’s plat by a governing body shall not constitute a waiver of ordinances requiring a subdivision plat.  90 Acts, ch 1236, §29  C91, §409A.15  C93, §354.15  Referred to in §306.42
IA Code § 354.16 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.16 - Attachments to auditor’s plats and plats of survey.

354.16 Attachments to auditor’s plats and plats of survey.   1. A plat of survey prepared pursuant to section 354.13 shall be accompanied by a certificate of the auditor that the plat of survey was prepared at the direction of the auditor because the proprietors failed to file a plat.   2. An auditor’s plat shall conform to section 354.6, but is exempt from section 354.11. An auditor’s plat presented to the recorder for recording shall be accompanied by the following documents:   a. A certificate of the auditor that the auditor’s plat was prepared at the direction of the auditor because the proprietors failed to file a plat, that the plat was prepared for assessment and taxation purposes, and that the recording of the plat does not constitute a dedication or impose any liability upon the state or governmental agency.   b. A certified resolution by the governing body, approving the plat or waiving the right to review.   c. A list for each lot within the plat of the proprietor’s names, the area, expressed in acreage or square feet, the document reference number of the recorded conveyance to the proprietors, and the permanent real estate index number, where established.   d. A certificate of the auditor that no search was made at the time of the recording of the plat to determine the existence of any liens, mortgages, delinquent taxes, or special assessments, that no search was made, other than the records of the auditor’s office, to establish title to the property within the plat, and that the lots within the plat are subject individually to the regulations and ordinances of the applicable governing body.  90 Acts, ch 1236, §30  C91, §409A.16  C93, §354.16  2002 Acts, ch 1113, §6
IA Code § 354.17 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.17 - Costs and collection of costs.

354.17 Costs and collection of costs.   The surveyor shall present to the auditor a statement of the total cost of the surveying, platting, and recording of a plat prepared pursuant to section 354.13. The surveyor shall also present a statement of the part of the total cost to be assessed to each parcel included in the plat based on the time involved in establishing the boundaries of each parcel. The auditor shall certify to the treasurer an assessment for the platting costs against the lots within the plat which shall be collected in the same manner as general taxes, except that the board of supervisors, by resolution, may establish not more than ten equal annual installments and provide for interest on unpaid installments at a rate not to exceed that permitted by chapter 74A.  90 Acts, ch 1236, §31  C91, §409A.17  C93, §354.17  Referred to in §354.25  Collection of taxes, see chapter 445
IA Code § 354.18 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.18 - Recording of plats.

354.18 Recording of plats.   1. A plat of survey prepared pursuant to this chapter and a subdivision plat, with attachments, shall be recorded in the office of the county recorder, and an exact copy of the plat shall be filed in the offices of the county auditor and assessor. A replat of any part of an official plat pursuant to section 354.25, or a recorded subdivision plat of any part of an existing official plat shall supersede that part of the original official plat, including unused public utility easements.   2. The recorder shall examine each plat of survey and subdivision plat to determine whether the plat is clearly legible and whether the approval by the applicable governing body and the other attachments required by this chapter are presented with the plat. The recorder shall also keep a reproducible copy of the plat from which legible copies can be made. The recorder may specify the material and the size of the plat, not less than eight and one-half inches by eleven inches, that will be accepted for recording in order to comply with this section. The recorder shall not record a subdivision plat that violates this chapter.  90 Acts, ch 1236, §32  C91, §409A.18  C93, §354.18  Referred to in §331.511
IA Code § 354.19 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.19 - Dedication of land.

354.19 Dedication of land.   1. An official plat which conforms to this chapter and has attached to the plat a dedication by the proprietors to the public and approval of the dedication by the governing body is equivalent to a deed in fee simple from the proprietors to the public of any land within the plat that is dedicated for street, alley, walkway, park, open area, school property, or other public use. An approved dedication of land for street purposes by the proprietors establishes an easement for public access, whether or not a deed has been recorded or the improvement of the street is complete, except when the resolution approving the plat specifically sets aside portions of the dedicated land as not being open for public access at the time of recording for public safety reasons. The recording of a subdivision plat shall dedicate to the public any utility, sewer, drainage, access, walkway, or other public easement shown on the plat.   2. The recording of an auditor’s plat shall not serve to dedicate streets, alleys, parks, open areas, school property, public improvements, or utilities. The failure to show the existence of an easement or any public interest on the auditor’s plat shall not remove or otherwise affect the interest.  90 Acts, ch 1236, §33  C91, §409A.19  C93, §354.19
IA Code § 354.20 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.20 - Action to annul plats.

354.20 Action to annul plats.   If a plat is filed and recorded in violation of this chapter, a governing body or a proprietor aggrieved by the violation, after filing written notice with the proprietors who joined in the acknowledgment of the plat or their successors in interest, may institute a suit in equity in the district court. The court may order the plat annulled except as provided in section 354.21.  90 Acts, ch 1236, §34  C91, §409A.20  C93, §354.20
IA Code § 354.21 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.21 - Limitation of actions on official plats.

354.21 Limitation of actions on official plats.   An action shall not be maintained, at law or in equity, in any court, against a proprietor, based upon an omission of data shown on an official plat or upon an omission, error, or inconsistency in any of the documents required by this chapter unless the action is commenced within ten years after the date of recording of the official plat. Limitation of actions based on claims other than those provided for in this section shall be consistent with chapter 614.  90 Acts, ch 1236, §35  C91, §409A.21  C93, §354.21  Referred to in §354.20
IA Code § 354.22 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.22 - Vacation of official plats.

354.22 Vacation of official plats.   1. The proprietors of lots within an official plat who wish to vacate any portion of the official plat shall file a petition for vacation with the governing body which would have jurisdiction to approve the plat at the time the petition is filed. After the petition has been filed, the governing body shall fix the time and place for public hearing on the petition. Written notice of the proposed vacation shall be served in the manner of original notices as provided in Iowa rules of civil procedure and be served upon proprietors and mortgagees within the official plat that are within three hundred feet of the area to be vacated. If a portion of the official plat adjoins a river or state-owned lake, the Iowa department of natural resources shall be served written notice of the proposed vacation. Notice of the proposed vacation shall be published twice, with fourteen days between publications, stating the date, time, and place of the hearing.   2. The official plat or portion of the official plat shall be vacated upon recording of all of the following documents:   a. An instrument signed, executed, and acknowledged by all the proprietors and mortgagees within the area of the official plat to be vacated, declaring the plat to be vacated. The instrument shall state the existing lot description for each proprietor along with an accurate description to be used to describe the land after the lots are vacated.   b. A resolution by the governing body approving the vacation and providing for the conveyance of those areas included in the vacation which were previously set aside or dedicated for public use.   c. A certificate of the auditor that the vacated part of the plat can be adequately described for assessment and taxation purposes without reference to the vacated lots.   3. No part of this section authorizes the closing or obstructing of public highways.   4. The vacation of a portion of an official plat shall not remove or otherwise affect a recorded restrictive covenant, protective covenant, building restriction, or use restriction. Recorded restrictions on the use of property within an official plat shall be modified or revoked by recording a consent to the modification or removal, signed and acknowledged by the proprietors and mortgagees within the official plat.  90 Acts, ch 1236, §36  C91, §409A.22  92 Acts, ch 1055, §1  C93, §354.22  2010 Acts, ch 1061, §180  Referred to in §354.23
IA Code § 354.23 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.23 - Vacation of streets or other public lands.

354.23 Vacation of streets or other public lands.   1. A city or a county may vacate part of an official plat that had been conveyed to the city or county or dedicated to the public which is deemed by the governing body to be of no benefit to the public.   2. The city or county shall vacate by resolution following a public hearing or by ordinance and the vacating instrument shall be recorded. The city or county may convey the vacated property by deed or may convey the property to adjoining proprietors through the vacation instrument. If the vacating instrument is used to convey property then the instrument shall include a list of adjoining proprietors to whom the vacated property is being conveyed along with the corresponding description of each parcel being conveyed. A recorded vacation instrument which conforms to this section is equivalent to a deed of conveyance and the instrument shall be filed and indexed as a conveyance by the recorder and auditor.   3. A vacation instrument recorded pursuant to this section shall not operate to annul any part of an official plat except as provided for in section 354.22.  90 Acts, ch 1236, §37  C91, §409A.23  C93, §354.23  2017 Acts, ch 54, §76
IA Code § 354.24 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.24 - Errors on recorded plats.

354.24 Errors on recorded plats.   If an error or omission in the data shown on a recorded plat is detected by subsequent examinations or revealed by retracing the lines shown on the plat, the original surveyor or two surveyors confirming the error through independent surveys shall record an affidavit confirming that the error or omission was made. The affidavit shall describe the nature and extent of the error or omission and also describe the corrections or additions to be made to the plat and note a document reference number of the recorded plat. The recorder shall note on the record of the plat the word “corrected”, and note the document reference number of the recorded affidavit. A copy of the recorded affidavit shall be filed with the auditor and assessor. The affidavit shall raise a presumption from the date of recording that the purported facts stated in the affidavit are true, and after the lapse of three years from the date of recording the presumption shall be conclusive.  90 Acts, ch 1236, §38  C91, §409A.24  C93, §354.24  2001 Acts, ch 44, §15  Referred to in §331.511
IA Code § 354.25 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.25 - Survey and replat of official plats.

354.25 Survey and replat of official plats.   1. A survey of an official plat shall conform as nearly as possible to the original lot lines shown on the official plat. The surveyor may summon witnesses, administer oaths, and prepare affidavits and boundary line agreements as necessary in order to establish the location of property lines or lot lines. If a substantial error is discovered in an official plat or if it is found to be materially defective, a proprietor may petition the governing body which would have jurisdiction to approve the plat at the time the petition is filed for a replat of any part of the official plat. Notice of the proposed replat shall be served, in the manner of original notice as provided in Iowa rules of civil procedure, to the proprietors of record and holders of easements specifically recorded within the area to be replatted. The governing body has jurisdiction of the matter upon proof of publication of notice of the petition once each week for two weeks in a newspaper of general circulation within the area of the replat.   2. All of the following shall apply to a replat of an official plat ordered by the governing body:   a. The replat shall be prepared by a surveyor pursuant to chapter 355 and recorded.   b. The replat shall be exempt from the provisions of section 354.11.   c. The replat shall have attached to the plat a statement by the surveyor that the replat is prepared at the direction of the governing body.   3. The costs of the replat shall be presented to the auditor and assessed against the property included in the replat as provided for in section 354.17.  90 Acts, ch 1236, §39  C91, §409A.25  C93, §354.25  2010 Acts, ch 1069, §121  Referred to in §331.511, 354.18  Manner of service,  R.C.P. 1.302 – 1.315
IA Code § 354.26 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.26 - Corrections or changes to plats.

354.26 Corrections or changes to plats.   A vacation, correction, or replatting as provided for in this chapter shall be recorded and an exact copy shall be filed with the auditor and assessor. If a governing body changes the addresses or street names shown on an official plat, notice of the change shall note the name or other designation of each official plat affected and shall be filed with the recorder, auditor, and assessor. The recorder shall note the vacation, correction, or replatting on the index and record of the official plat or upon an attachment to the official plat for that purpose. The auditor shall make the proper changes on the plats required to be kept by the auditor.  90 Acts, ch 1236, §40  C91, §409A.26  C93, §354.26  2001 Acts, ch 44, §16  Referred to in §331.511, 592.7
IA Code § 354.27 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND|Section 354.27 - Noting the permanent real estate index number.

354.27 Noting the permanent real estate index number.   When a permanent real estate index number system is established by a county pursuant to section 441.29, the auditor shall note the permanent real estate index number on every conveyance.  90 Acts, ch 1236, §41  C91, §409A.27  C93, §354.27  2005 Acts, ch 19, §49
IA Code § 355.2 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.2 - Applicability.

355.2 Applicability.   This chapter applies to all agencies of the United States government, this state, or a political subdivision of this state and to all persons engaged in the practice of land surveying.  90 Acts, ch 1236, §2  C91, §114A.2  C93, §355.2
IA Code § 355.3 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.3 - Rules.

355.3 Rules.   Pursuant to chapter 542B, the engineering and land surveying examining board may adopt rules consistent with the rules prescribed by the Acts of Congress and the instructions of the United States Secretary of the Interior.  90 Acts, ch 1236, §3  C91, §114A.3  C93, §355.3
IA Code § 355.4 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.4 - Boundary location.

355.4 Boundary location.   The surveyor shall acquire data necessary to retrace record title boundaries, center lines, and other boundary line locations in accordance with the legal descriptions including applicable provisions of chapter 650. The surveyor shall analyze the data and make a careful determination of the position of the boundaries of the parcel or tract of land being surveyed. The surveyor shall make a field survey, locating and connecting monuments necessary for location of the parcel or tract and coordinate the facts of the survey with the analysis and legal description. The surveyor shall place monuments marking the corners of the parcel or tract unless monuments already exist at the corners.  90 Acts, ch 1236, §4  C91, §114A.4  C93, §355.4
IA Code § 355.5 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.5 - Measurements.

355.5 Measurements.   1. Measurements shall be made with instruments and methods capable of attaining the required accuracy for the particular problem involved.   2. Measurements as placed on plats shall be in conformance with the capabilities of the instruments used.   3. In a closed traverse the sum of the measured angles shall agree with the theoretical sum by a difference not greater than thirty seconds times the square root of the number of angles.   4. Distances shall be shown in decimal feet in accordance with the definition of the U.S. survey foot. Distance measurements shall refer to the horizontal plane.  90 Acts, ch 1236, §5  C91, §114A.5  C93, §355.5  2007 Acts, ch 143, §4
IA Code § 355.6 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.6 - Monumentation.

355.6 Monumentation.   1. The surveyor shall confirm the prior establishment of control monuments at each controlling corner on the boundaries of the parcel or tract of land being surveyed. If no control monuments exist, the surveyor shall place the monuments. Control monuments shall be constructed of reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa license number of the surveyor to the top of each monument which the surveyor places.   2. Control monuments shall be placed at the following locations:   a. Each corner and angle point of each lot, block, or parcel of land surveyed.   b. Each point of intersection of the outer boundary of the survey with an existing or created right-of-way line of a street, railroad, or other way.   c. Each point of curve, tangency, reversed curve, or compounded curve on each right-of-way line established.   3. If the placement of a monument required by this chapter at the prescribed location is impractical, a reference monument shall be established near the prescribed location. If a point requiring monumentation has been previously monumented, the existence of the monument shall be confirmed by the surveyor.   4. At least a minimum number of two survey control monuments are required to be placed before the recording of a subdivision provided the surveyor includes in the surveyor’s statement a declaration that additional monuments shall be placed before a date specified in the statement or within one year from the date the subdivision is recorded, whichever is earlier.  90 Acts, ch 1236, §6  C91, §114A.6  C93, §355.6  2012 Acts, ch 1009, §4  Referred to in §355.6A, 355.7, 355.8
IA Code § 355.9 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.9 - Descriptions.

355.9 Descriptions.   A description defining land boundaries written for conveyance or other purposes shall be complete, providing definite and unequivocal identification of the property lines or boundaries. The description shall be sufficient to enable the description to be platted and retraced. The description shall commence at or relate to a physically monumented corner or boundary line of record.   1. If the land is located in a recorded subdivision, the description shall contain the number or other description of the lot, block, or other part of the subdivision, or shall describe the land by reference to a known corner of the lot, block, or other part.   2. If the land is not located in a recorded subdivision, the description shall identify the section, township, range, and county, and shall describe the land by reference to government lot, by quarter-quarter section, by quarter section, or by metes and bounds commencing with a corner marked and established in the United States public land survey system.  90 Acts, ch 1236, §9  C91, §114A.9  C93, §355.9
IA Code § 355.10 (2021)
2021 Iowa Code|Title IX - LOCAL GOVERNMENT|Chapter 355 - STANDARDS FOR LAND SURVEYING|Section 355.10 - Record.

355.10 Record.   1. The surveyor shall record a plat and description with the county recorder no later than thirty days after signature on the plat by the surveyor if the survey was made for one of the following purposes:   a. To correct boundaries and descriptions of land.   b. For the division of land.   c. To retrace an existing recorded description of a parcel or tract of land.   2. The plat and description shall show distinctly what piece of land was surveyed, the surveyor, and the date of the survey.   3. The thirty-day requirement shall not apply to subdivision plats.  90 Acts, ch 1236, §10  C91, §114A.10  C93, §355.10  2016 Acts, ch 1064, §5