reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.1 - Adverse possession — “use” as evidence.

564.1 Adverse possession — “use” as evidence.
In all actions hereafter brought, in which title to any easement in real estate shall be claimed by virtue of adverse possession thereof for the period of ten years, the use of the same shall not be admitted as evidence that the party claimed the easement as the party’s right, but the fact of adverse possession shall be established by evidence distinct from and independent of its use, and that the party against whom the claim is made had express notice thereof; and these provisions shall apply to public as well as private claims.
[C73, §2031; C97, §3004; C24, 27, 31, 35, 39, §10175; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.1]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.2 - Light and air.

564.2 Light and air.
Whoever has erected, or may erect, any house or other building near the land of another person, with windows overlooking such land, shall not, by the mere continuance of such windows, acquire any easement of light or air, so as to prevent the erection of any building on such land.
[C73, §2032; C97, §3005; C24, 27, 31, 35, 39, §10176; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.2]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.3 - Pedestrian rights-of-way or easements.

564.3 Pedestrian rights-of-way or easements.
An easement or right-of-way for pedestrian traffic shall not be acquired by prescription or adverse use for any length of time except when claimed in connection with an easement or right-of-way to permit passage of public or private vehicular traffic.
[C73, §2033; C97, §3006; C24, 27, 31, 35, 39, §10177; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.3]
2008 Acts, ch 1031, §62
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.4 - Notice to prevent acquisition.

564.4 Notice to prevent acquisition.
When any person is in the use of a way, privilege, or other easement in the land of another, the owner of the land in such case may give notice in writing to the person claiming or using the way, privilege, or easement of the owner’s intention to dispute any right arising from such claim or use.
[C73, §2034; C97, §3007; C24, 27, 31, 35, 39, §10178; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.4]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.5 - Effect of notice.

564.5 Effect of notice.
Said notice, when served and recorded as hereinafter provided, shall be an interruption of such use, and prevent the acquiring of any right thereto by the continuance thereof.
[C73, §2034; C97, §3007; C24, 27, 31, 35, 39, §10179; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.6 - Notice, service and record.

564.6 Notice, service and record.
Said notice, signed by the owner of the land, the owner’s agent, or guardian, may be served in the same manner as in a civil action, upon the party, the party’s agent, or guardian, if within this state, otherwise on the tenant or occupant, if there be any, and it, with the return thereof, shall be recorded within three months thereafter in the recorder’s office of the county in which the land is situated.
[C73, §2034; C97, §3007; C24, 27, 31, 35, 39, §10180; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.6]
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.7 - Evidence.

564.7 Evidence.
A certified copy of such record of said notice and the officer’s return thereon shall be evidence of the notice and the service thereof.
[C73, §2034; C97, §3007; C24, 27, 31, 35, 39, §10181; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.7]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564 - EASEMENTS › Section 564.8 - Action to establish.

564.8 Action to establish.
When notice is given to prevent the acquisition of a right to a way or other easement, it shall be considered so far a disturbance thereof as to enable the party claiming to bring an action for disturbing the same in order to try such right, and if the plaintiff in the action prevails, the plaintiff shall recover costs.
[C73, §2035; C97, §3008; C24, 27, 31, 35, 39, §10182; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.8]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.2 - Definitions.

564A.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Development of property” means construction, landscaping, growth of vegetation, or other alteration of property that interferes with the operation of a solar collector.
2. “Dominant estate” means that parcel of land to which the benefits of a solar access easement attach.
3. “Servient estate” means land burdened by a solar access easement, other than the dominant estate.
4. “Solar access easement” means an easement recorded under section 564A.7, the purpose of which is to provide continued access to incident sunlight necessary to operate a solar collector.
5. “Solar access regulatory board” means the board designated by a city council or county board of supervisors under section 564A.3 to receive and act on applications for a solar access easement or in the absence of a specific designation, the district court having jurisdiction in the area where the dominant estate is located. Notwithstanding chapter 602 the jurisdiction of the district court established in this subsection may be exercised by district associate judges.
6. “Solar collector” means a device or structural feature of a building that collects solar energy and that is part of a system for the collection, storage, and distribution of solar energy. For purposes of this chapter, a greenhouse is a solar collector.
7. “Solar energy” means energy emitted from the sun and collected in the form of heat or light by a solar collector.
[81 Acts, ch 184, §4]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.3 - Designation.

564A.3 Designation.
The city council or the county board of supervisors may designate a solar access regulatory board to receive and act on applications for a solar access easement. The board designated by the city council may be a board of adjustment having jurisdiction in the city, the city council itself, or any board with at least three members. The board designated by the county board of supervisors may be a board of adjustment having jurisdiction in the county, the board of supervisors itself, or any other board with at least three members. The jurisdiction of a board designated by the city council extends to applications when the dominant estate is located in the city. The jurisdiction of a board designated by the county board of supervisors extends to applications when the dominant estate is located in the county but outside the city limits of a city. In the absence of the designation of a specific board under this section, the district court having jurisdiction in the area where the dominant estate is located shall receive and act on applications submitted under section 564A.4 and to that extent shall serve as the solar access regulatory board for purposes of this chapter. Notwithstanding chapter 602 the jurisdiction of the district court established in this section may be exercised by district associate judges.
[81 Acts, ch 184, §5]
Referred to in §564A.2, 564A.4
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.5 - Decision.

564A.5 Decision.
1. After the hearing on the application, the solar access regulatory board shall determine whether to issue an order granting a solar access easement. The board shall grant a solar access easement if the board finds that there is a need for the solar collector, that the space burdened by the easement was not obstructed by anything except vegetation that would shade the solar collector at the time of filing of the application, that the proposed location of the collector minimizes the impact of the easement on the development of the servient estate and that the applicant tried and failed to negotiate a voluntary easement. However, the board may refuse to grant a solar access easement upon a finding that the easement would require the removal of trees that provide shade or a windbreak to a residence on the servient estate. The board shall not grant a solar access easement upon a servient estate if the board finds that the owner, at least six months prior to the filing of the application, has made a substantial financial commitment to build a structure that will shade the solar collector. In issuing its order granting the solar access easement, the board may modify the solar access easement applied for and impose conditions on the location of the solar collector that will minimize the impact upon the servient estate.
2. The solar access regulatory board shall grant a solar access easement only within the area that is within three hundred feet of the center of the northernmost boundary of the collector and is south of a line drawn east and west tangent to the northernmost boundary of the collector.
3. The solar access regulatory board shall determine the amount of compensation that is to be paid to the owners of the servient estate for the impairment of the right to develop the property. Compensation shall be based on the difference between the fair market value of the property prior to and after granting the solar access easement. The parties shall be notified of the board’s decision within thirty days of the date of the hearing. The owner of the dominant estate shall have thirty days from the date of notification of the board’s decision to deposit the compensation with the board. Upon receipt of the compensation, the board shall issue an order granting the solar access easement to the owner of the dominant estate and remit the compensation awarded to the owners of the servient estate. The owner of the dominant estate may decline to deposit the compensation with the board, and no order granting the solar access easement shall then be issued.
4. When the order granting the solar access easement is issued, the owner of the dominant estate shall have it recorded in the office of the county recorder who shall record the solar access easement and list the owner of the dominant estate as grantee and the owner of the servient estate as grantor in the deed index. The solar access easement after being recorded shall be considered an easement appurtenant in or on the servient estate.
[81 Acts, ch 184, §7]
Referred to in §564A.6
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.6 - Removal of easement.

564A.6 Removal of easement.
1. The owner of a servient estate may apply to the solar access regulatory board or may petition the district court for an order removing a solar access easement granted by a solar access regulatory board under this chapter under any of the following conditions:
a. If the solar collector is not installed and made operational within two years of recording the easement under section 564A.5.
b. If the dominant estate owner ceases to use the solar collector for more than one year.
c. If the solar collector is destroyed or removed and not replaced within one year.
2. The procedure for filing an application with the solar access regulatory board under this section and for notice and hearings on the application shall be the same as that prescribed for an application for granting a solar access easement. An order issued by the district court or a solar access regulatory board removing a solar access easement may provide for the return by the servient estate owner of compensation paid by the dominant estate owner for the solar access easement after the deduction of reasonable expenses incurred by the servient estate owner in proceedings for the granting and removal of the easement.
[81 Acts, ch 184, §8]
2013 Acts, ch 30, §261
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.7 - Solar access easements.

564A.7 Solar access easements.
1. Persons, including public bodies, may voluntarily agree to create a solar access easement. A solar access easement whether obtained voluntarily or pursuant to the order of a solar access regulatory board is subject to the same recording and conveyance requirements as other easements.
2. A solar access easement shall be created in writing and shall include the following:
a. The legal description of the dominant and servient estates.
b. A legal description of the space which must remain unobstructed expressed in terms of the degrees of the vertical and horizontal angles through which the solar access easement extends over the burdened property and the points from which these angles are measured.
3. In addition to the items required in subsection 2 the solar access easement may include, but the contents are not limited to, the following:
a. Any limitations on the growth of existing and future vegetation or the height of buildings or other potential obstructions of the solar collector.
b. Terms or conditions under which the solar access easement may be abandoned or terminated.
c. Provisions for compensating the owner of the property benefiting from the solar access easement in the event of interference with the enjoyment of the solar access easement, or for compensating the owner of the property subject to the solar access easement for maintaining that easement.
[81 Acts, ch 184, §9]
Referred to in §564A.2
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.8 - Restrictive covenants.

564A.8 Restrictive covenants.
City councils and county boards of supervisors may include in ordinances relating to subdivisions a provision prohibiting deeds for property located in new subdivisions from containing restrictive covenants that include unreasonable restrictions on the use of solar collectors.
[81 Acts, ch 184, §10]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 564A - ACCESS TO SOLAR ENERGY › Section 564A.9 - Assistance to local government bodies and the public.

564A.9 Assistance to local government bodies and the public.
The department of natural resources shall make available information and guidelines to assist local government bodies and the public to understand and use the provisions of this chapter. The information and guidelines shall include an application form for a solar access easement, instructions and aids for preparing and recording solar access easements and model ordinances that promote reasonable access to solar energy.
[81 Acts, ch 184, §11]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.1 - Churches may lease.

565.1 Churches may lease.
Church organizations, occupying real property granted to them by the territory or state, may lease the same for business purposes, and occupy other real property with their church edifices, but all of the income derived from such leased real property shall be devoted to maintaining the religious exercises and ordinance of the church to which the grant was originally made, and to no other purpose; and such churches and their affairs shall remain in the control of boards of trustees regularly chosen in accordance with their charters.
[C73, §1921; C97, §2902; C24, 27, 31, 35, 39, §10183; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.1]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.2 - Taxation.

565.2 Taxation.
Real property so leased shall in all cases be subject to taxation, the same as the real property of natural persons.
[C73, §1921; C97, §2902; C24, 27, 31, 35, 39, §10184; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.2]
Tax exemptions generally, §427.1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.3 - Gifts to state.

565.3 Gifts to state.
A gift, devise, or bequest of property, real or personal, may be made to the state, to be held in trust for and applied to any specified purpose within the scope of its authority, but the same shall not become effectual to pass the title in such property unless accepted by the governor on behalf of the state.
[C73, §1387; C97, §2903; C24, 27, 31, 35, 39, §10185; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.3]
86 Acts, ch 1245, §1990
Referred to in §80.46, 565.4
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.4 - Management of property.

565.4 Management of property.
If gifts are made to the state in accordance with section 565.3, for the benefit of an institution thereof, the property, if accepted, shall be held and managed in the same way as other property of the state, acquired for or devoted to the use of such institution; and any conditions attached to such gift shall become binding upon the state, upon the acceptance thereof.
[C97, §2904; C24, 27, 31, 35, 39, §10186; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.4]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.5 - Gifts to state institutions.

565.5 Gifts to state institutions.
Gifts, devises, or bequests of property, real or personal, made to any state institution for purposes not inconsistent with the objects of such institution, may be accepted by its governing board, and such board may exercise such powers with reference to the management, sale, disposition, investment, or control of property so given, devised, or bequeathed, as may be deemed essential to its preservation and the purposes for which the gift, devise, or bequest was made.
[S13, §2904-a; C24, 27, 31, 35, 39, §10187; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.6 - Gifts to governmental bodies.

565.6 Gifts to governmental bodies.
Civil townships wholly outside of any city, and school corporations, are authorized to take and hold property, real and personal, by gift and bequest and to administer the property through the proper officer in pursuance of the terms of the gift or bequest. Title shall not pass unless accepted by the governing board of the corporation or township. Conditions attached to the gifts or bequests become binding upon the corporation or township upon acceptance.
[C97, §740, 2903, 2904; S13, §740; C24, 27, 31, 35, 39, §10188; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §565.6; 81 Acts, ch 117, §1088]
See also §279.42
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.7 - Trustees appointed by court — bond.

565.7 Trustees appointed by court — bond.
When made for the establishing of institutions of learning or benevolence, and no provision is made in the gift or bequest for the execution of the trust, the judge of the district court having charge of the probate proceedings in the county shall appoint three trustees, residents of said county, who shall have charge and control of the same, and who shall continue to act until removed by the court. They shall give bond as required in case of executors, and be subject to the orders of said court.
[C97, §740; S13, §740; C24, 27, 31, 35, 39, §10189; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.7]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.12 - Condition as to annuity.

565.12 Condition as to annuity.
When a gift or bequest is conditioned upon the payment of an annuity to the donor, or any other person, a city may, upon acceptance of the gift or bequest, agree to pay the annuity providing the amount does not exceed five percent of the amount of the gift or bequest and does not exceed the amount realized from a tax levy of twenty-seven cents per thousand dollars of assessed value upon the taxable property of the city.
[C24, 27, 31, 35, 39, §10194; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §565.12; 81 Acts, ch 117, §1089]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.13 - Annuity tax.

565.13 Annuity tax.
To provide for the payment of an annuity, the city shall annually thereafter levy a tax sufficient to pay the annuity.
[C24, 27, 31, 35, 39, §10195; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §565.13; 81 Acts, ch 117, §1090]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565 - GIFTS › Section 565.15 - Surplus of tax.

565.15 Surplus of tax.
Any amount collected by a tax so levied and which is not required for the payment of such annuity shall be used for the purposes for which such gift or bequest is made and may be transferred to such fund as will enable it to be used for such purpose.
[C24, 27, 31, 35, 39, §10197; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.15]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.1 - Definitions.

565B.1 Definitions.
In this chapter, unless the context otherwise requires:
1. “Adult” means an individual who has attained the age of twenty-one years.
2. “Benefit plan” means an employer’s plan for the benefit of an employee or partner or an individual retirement account.
3. “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
4. “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.
5. “Court” means the supreme court, court of appeals, district courts, and other courts the general assembly establishes.
6. “Custodial property” means both of the following:
a. Any interest in property transferred to a custodian under this chapter.
b. The income from and proceeds of that interest in property.
7. “Custodian” means a person so designated under section 565B.9 or a successor or substitute custodian designated under section 565B.18.
8. “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
9. “Legal representative” means an individual’s personal representative or conservator.
10. “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
11. “Minor” means an individual who has not attained the age of twenty-one years.
12. “Personal representative” means an executor, administrator, successor personal representative, special administrator, or temporary administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
13. “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
14. “Transfer” means a transaction that creates custodial property under section 565B.9.
15. “Transferor” means a person who makes a transfer under this chapter.
16. “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
86 Acts, ch 1035, §1; 87 Acts, ch 87, §1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.2 - Scope and jurisdiction.

565B.2 Scope and jurisdiction.
1. This chapter applies to a transfer that refers to this chapter in the designation under section 565B.9, subsection 1, by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
2. A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
3. A transfer that purports to be made and which is valid under the uniform transfer to minors Act, the uniform gifts to minors Act, or a substantially similar Act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
86 Acts, ch 1035, §2
Referred to in §565B.21
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.3 - Nomination of custodian.

565B.3 Nomination of custodian.
1. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian, followed in substance by the words: “as custodian for .................................... (name of minor) under the Iowa Uniform Transfers to Minors Act”. The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
2. A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under section 565B.9, subsection 1.
3. The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 565B.9. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 565B.9.
86 Acts, ch 1035, §3
Referred to in §565B.5, 565B.7, 565B.11, 565B.18
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.4 - Transfer by gift or exercise of power of appointment.

565B.4 Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 565B.9.
86 Acts, ch 1035, §4
Referred to in §565B.15, 565B.18
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.5 - Transfer authorized by will or trust.

565B.5 Transfer authorized by will or trust.
1. A personal representative or trustee may make an irrevocable transfer pursuant to section 565B.9 to a custodian for the benefit of a minor as authorized in the governing will or trust.
2. If the testator or settlor has nominated a custodian under section 565B.3 to receive the custodial property, the transfer must be made to that person.
3. If the testator or settlor has not nominated a custodian under section 565B.3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 565B.9, subsection 1.
4. A personal representative or trustee making a distribution under this section may do so without court order and, after effecting the distribution, is relieved of all accountability as a personal representative or trustee with respect to the property distributed.
86 Acts, ch 1035, §5
Referred to in §565B.7
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.6 - Other transfers by fiduciary.

565B.6 Other transfers by fiduciary.
1. Subject to subsection 3, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 565B.9, in the absence of a will or under a will or trust that does not contain an authorization to do so.
2. Subject to subsection 3, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 565B.9.
3. A transfer under subsection 1 or 2 may be made only if all of the following are true:
a. The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor.
b. The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument.
c. The transfer is authorized by the court if all transfers, including the transfer to be made and prior transfers, exceed fifty thousand dollars in value. Transfers by a personal representative, trustee, or conservator shall not be aggregated, but each personal representative, trustee, or conservator shall be treated separately.
4. A personal representative, trustee, or conservator making a distribution under this section is relieved of all accountability as a personal representative, trustee, or conservator with respect to the property once the property has been distributed.
86 Acts, ch 1035, §6; 2010 Acts, ch 1137, §2; 2021 Acts, ch 8, §23
Referred to in §565B.7
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.7 - Transfer by obligor.

565B.7 Transfer by obligor.
1. Subject to subsections 2 and 3, a person not subject to section 565B.5 or 565B.6 who holds property of, or owes a liquidated debt to, a minor not having a conservator, may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 565B.9.
2. If a person having the right to do so under section 565B.3 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
3. If a custodian has not been nominated under section 565B.3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds twenty-five thousand dollars in value.
4. A person making a distribution under this section is relieved of all accountability with respect to the property once the property has been distributed.
5. This section does not apply to any amounts due a minor for services rendered by the minor.
86 Acts, ch 1035, §7; 87 Acts, ch 87, §2; 2005 Acts, ch 14, §5
Referred to in §97B.34A
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.10 - Single custodianship.

565B.10 Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
86 Acts, ch 1035, §10
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.11 - Validity and effect of transfer.

565B.11 Validity and effect of transfer.
1. The validity of a transfer made in a manner prescribed in this chapter is not affected by:
a. The failure of the transferor to comply with section 565B.9, subsection 3, concerning possession and control;
b. The designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 565B.9, subsection 1; or
c. The death or incapacity of a person nominated under section 565B.3 or designated under section 565B.9 as custodian or the disclaimer of the office by that person.
2. A transfer made pursuant to section 565B.9 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
3. By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian and to any third person dealing with a person designated as custodian the respective powers, rights, and immunities provided in this chapter.
86 Acts, ch 1035, §11
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.12 - Care of custodial property.

565B.12 Care of custodial property.
1. A custodian shall:
a. Take control of custodial property;
b. Register or record title to custodial property if appropriate; and
c. Collect, hold, manage, invest, and reinvest custodial property.
2. In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, at the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.
3. A custodian may invest in or pay premiums on life insurance or endowment policies on:
a. The life of the minor, only if the minor or the minor’s estate is the sole beneficiary; or
b. The life of another person in whom the minor has an insurable interest, only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
4. A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for ........................ (name of minor) under the Iowa Uniform Transfers to Minors Act”.
5. A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or the legal representative of the minor or by the minor if the minor has attained the age of fourteen years.
86 Acts, ch 1035, §12
Referred to in §565B.13
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.13 - Powers of custodian.

565B.13 Powers of custodian.
1. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
2. This section does not relieve a custodian from liability for breach of section 565B.12.
86 Acts, ch 1035, §13
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.14 - Use of custodial property.

565B.14 Use of custodial property.
1. A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
a. The duty or ability of the custodian personally or of any other person to support the minor; or
b. Any other income or property of the minor which may be applicable or available for that purpose.
2. On petition of an interested person or the minor if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
3. A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
86 Acts, ch 1035, §14
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.15 - Custodian’s expenses, compensation, and bond.

565B.15 Custodian’s expenses, compensation, and bond.
1. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
2. Except for one who is a transferor under section 565B.4, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
3. Except as provided in section 565B.18, subsection 6, a custodian need not give a bond.
86 Acts, ch 1035, §15
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.16 - Exemption of third person from liability.

565B.16 Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
1. The validity of the purported custodian’s designation;
2. The propriety of, or the authority under this chapter for, any act of the purported custodian;
3. The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
4. The propriety of the application of any property of the minor delivered to the purported custodian.
86 Acts, ch 1035, §16
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.17 - Liability to third persons.

565B.17 Liability to third persons.
1. A claim based on:
a. A contract entered into by a custodian acting in a custodial capacity;
b. An obligation arising from the ownership or control of custodial property; or
c. A tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
2. A custodian is not personally liable:
a. On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
b. For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
3. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
86 Acts, ch 1035, §17
Referred to in §565B.19
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.19 - Accounting by and determination of liability of custodian.

565B.19 Accounting by and determination of liability of custodian.
1. A minor who has attained the age of fourteen years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court:
a. For an accounting by the custodian or the custodian’s legal representative; or
b. For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 565B.17 to which the minor or the minor’s legal representative was a party.
2. A successor custodian may petition the court for an accounting by the predecessor custodian.
3. The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
4. If a custodian is removed under section 565B.18, subsection 6, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
86 Acts, ch 1035, §19
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.20 - Termination of custodianship.

565B.20 Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of:
1. The minor’s attainment of twenty-one years of age with respect to custodial property transferred under this chapter; or
2. The minor’s death.
86 Acts, ch 1035, §20
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.21 - Applicability.

565B.21 Applicability.
This chapter applies to a transfer within the scope of section 565B.2 made after July 1, 1986, if:
1. The transfer purports to have been made under the Iowa uniform gifts to minors Act; or
2. The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer.
86 Acts, ch 1035, §21
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.22 - Effect on existing custodianships.

565B.22 Effect on existing custodianships.
1. Any transfer of custodial property as now defined in this chapter made before July 1, 1986, is validated notwithstanding that there was no specific authority in the Iowa uniform gifts to minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
2. This chapter applies to all transfers made before July 1, 1986, in a manner and form prescribed in chapter 565A, Code 1985, the Iowa uniform gifts to minors Act, except insofar as the application impairs constitutionally vested rights.
86 Acts, ch 1035, §22
Effect of repeal of chapter 565A;
86 Acts, ch 1035, §26
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.23 - Uniformity of application and construction.

565B.23 Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
86 Acts, ch 1035, §23
2023 Iowa Code › Title XIV - PROPERTY › Chapter 565B - TRANSFERS TO MINORS › Section 565B.24 - Other laws not applicable.

565B.24 Other laws not applicable.
Chapter 633 and all other laws of this state to the extent contrary to this chapter do not apply to the custodial property of a minor held by the custodian under this chapter.
86 Acts, ch 1035, §24
2023 Iowa Code › Title XIV - PROPERTY › Chapter 569 - ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS › Section 569.1 - Right to receive conveyance.

569.1 Right to receive conveyance.
When it becomes necessary, to secure the state or any county or other municipal corporation thereof from loss, to take real estate on account of a debt by bidding the same in at execution sale or otherwise, the conveyance shall vest in the grantee as complete a title as if it were a natural person.
[C73, §1910; C97, §2894; C24, 27, 31, 35, 39, §10246; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.1]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 569 - ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS › Section 569.2 - Bidding in at execution sale.

569.2 Bidding in at execution sale.
Such real estate shall be bid in, if for the state, by the attorney general, if for the county, by the county attorney, and if for any other municipal corporation, by its attorney or agent appointed for that purpose, the proceeds of any such real estate, when sold, to be covered into the state, county, or municipal treasury, as the case may be, for the use of the general or the special fund to which it rightfully belongs.
[C73, §1911; C97, §2895; C24, 27, 31, 35, 39, §10247; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.2]
Referred to in §331.756(63)
Bidding at tax sale, §446.19, 468.158
2023 Iowa Code › Title XIV - PROPERTY › Chapter 569 - ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS › Section 569.3 - Amount of bid.

569.3 Amount of bid.
When real estate is sold as above provided, the fair and reasonable value shall be bid therefor, unless in excess of the judgment, interest, costs, and accruing costs, in which case the bid shall be for such sum only.
[C73, §1912; C97, §2896; C24, 27, 31, 35, 39, §10248; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.3]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 569 - ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS › Section 569.4 - Costs and expenses.

569.4 Costs and expenses.
1. In all cases in which the state becomes the purchaser of real estate under the provisions of this chapter, the costs and expenses attending such purchases shall be audited and allowed by the director of the department of administrative services, and paid out of any moneys in the state treasury not otherwise appropriated, upon the director’s warrant, and charged to the fund to which the indebtedness belonged upon which such real estate was taken.
2. If the real estate is purchased by a county, the costs and expenses shall be audited by the board of supervisors and paid out of the county treasury, upon a warrant drawn by the auditor on the treasurer, from the fund to which the debt belonged upon which said real estate was purchased.
3. If the real estate is purchased by any other municipal corporation, then the costs shall be audited and paid by the municipal corporation in the same manner as other claims against the municipal corporation are audited and paid.
[C73, §1913; C97, §2897; C24, 27, 31, 35, 39, §10249; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.4]
2003 Acts, ch 145, §286; 2018 Acts, ch 1041, §110
2023 Iowa Code › Title XIV - PROPERTY › Chapter 569 - ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS › Section 569.5 - Management.

569.5 Management.
When the title to real estate becomes vested in the state, or in a county or municipality under this chapter, or by conveyance under the statutes relating to taxation, the executive council, board of supervisors, or other governing body, as the case may be, shall manage, control, protect by insurance, lease, or sell said real estate on such terms, conditions, or security as said governing body may deem best.
[C73, §1914 – 1917, 1919; C97, §2898, 2899; C24, 27, 31, §10250 – 10252, 10254 – 10256; C35, §10260-e1; C39, §10260.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 569 - ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS › Section 569.6 - Costs, expenses and proceeds.

569.6 Costs, expenses and proceeds.
The cost and expense resulting from the exercise of said powers shall be paid from the fund to which said real estate belongs and the proceeds of a lease or sale shall be credited to said fund.
[C73, §1914 – 1917, 1919; C97, §2898, 2899; C24, 27, 31, §10250 – 10252, 10254 – 10256; C35, §10260-e2; C39, §10260.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.6]