reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 656 - FORFEITURE OF REAL ESTATE CONTRACTS › Section 656.6 - Scope of chapter.

656.6 Scope of chapter.
This chapter shall be operative in all cases where the intention of the parties, as gathered from the contract and surrounding circumstances, is to sell or to agree to sell an interest in real estate, any contract or agreement of the parties to the contrary notwithstanding.
[C97, §4301; C24, 27, 31, 35, 39, §12394; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §656.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 656 - FORFEITURE OF REAL ESTATE CONTRACTS › Section 656.7 - Attorney fees.

656.7 Attorney fees.
1. The vendee is liable to the vendor for reasonable attorney fees actually incurred by the vendor necessary for the forfeiture of a contract governed by this chapter. The demand for attorney fees must be stated in the notice served. The maximum liability under this section is fifty dollars. “Attorney fees”, as used in this chapter, is limited to reasonable fees for services requiring a lawyer. “Attorney fees” does not include clerical services even if the services are performed in a lawyer’s office.
2. A vendor seeking payment of attorney fees, when the vendee fails or refuses to pay them, may file a small claims action for enforcement.
84 Acts, ch 1203, §1
Referred to in §656.2, 656.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 656 - FORFEITURE OF REAL ESTATE CONTRACTS › Section 656.8 - Mediation notice.

656.8 Mediation notice.
Notwithstanding sections 656.1 through 656.5, a person shall not initiate proceedings under this chapter to forfeit a real estate contract for the purchase of agricultural property, as defined in section 654A.1, which is subject to an outstanding obligation on the contract of twenty thousand dollars or more unless the person received a mediation release under section 654A.11, or unless the court determines after notice and hearing that the time delay required for the mediation would cause the person to suffer irreparable harm. Title to land that is agricultural property is not affected by the failure of any creditor to receive a mediation release, regardless of its validity.
86 Acts, ch 1214, §28; 87 Acts, ch 73, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 656 - FORFEITURE OF REAL ESTATE CONTRACTS › Section 656.9 - Defect in forfeiture proceedings — limitation of actions.

656.9 Defect in forfeiture proceedings — limitation of actions.
An action shall not be commenced by a vendee who is not in possession of the property, or by a party to the forfeiture proceeding who is other than a vendee or vendor, that asserts a claim against real estate previously subject to a forfeiture proceeding, and such claim is based upon a defect in the forfeiture proceeding, in which the proof and record of service of notice of forfeiture required by section 656.5 has been filed of record for more than ten years.
91 Acts, ch 161, §2; 2013 Acts, ch 83, §4; 2016 Acts, ch 1073, §178
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.1 - Nuisance — what constitutes — action to abate — electric utility defense.

657.1 Nuisance — what constitutes — action to abate — electric utility defense.
1. Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere unreasonably with the comfortable enjoyment of life or property, is a nuisance, and a civil action by ordinary proceedings may be brought to enjoin and abate the nuisance and to recover damages sustained on account of the nuisance. A petition filed under this subsection shall include the legal description of the real property upon which the nuisance is located unless the nuisance is not situated on or confined to a parcel of real property or is portable or capable of being removed from the real property.
2. Notwithstanding subsection 1, in an action to abate a nuisance against an electric utility, an electric utility may assert a defense of comparative fault as set out in section 668.3 if the electric utility demonstrates that in the course of providing electric services to its customers it has complied with engineering and safety standards as adopted by the utilities board of the department of commerce, and if the electric utility has secured all permits and approvals, as required by state law and local ordinances, necessary to perform activities alleged to constitute a nuisance.
[C51, §2131 – 2133; R60, §3713 – 3715; C73, §3331; C97, §4302; C24, 27, 31, 35, 39, §12395; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.1]
95 Acts, ch 195, §34; 2004 Acts, ch 1077, §1; 2005 Acts, ch 3, §108; 2010 Acts, ch 1050, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.2A - Indexing of petition.

657.2A Indexing of petition.
1. When a petition affecting real property is filed by a governmental entity under this chapter, the clerk of the district court shall index the petition pursuant to section 617.10, if the legal description of the affected property is included in or attached to the petition.
2. After filing the petition with the clerk of the district court, the governmental entity shall also file the petition in the office of the county treasurer. The county treasurer shall include a notation of the pendency of the action in the county system, as defined in section 445.1, until the judgment of the court is satisfied or until the action is dismissed. Pursuant to section 446.7, an affected property that is subject to a pending action shall not be offered for sale by the county treasurer at tax sale.
2010 Acts, ch 1050, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.3 - Penalty — abatement.

657.3 Penalty — abatement.
A person who is convicted of erecting, causing, or continuing a public or common nuisance as provided in this chapter, or at common law when the common law has not been modified or repealed by statute, if no other punishment for the offense is specially provided, shall be guilty of an aggravated misdemeanor. The court may order the nuisance abated and issue a warrant as provided in this chapter.
[C51, §2762; R60, §4412; C73, §4092; C97, §5081; S13, §5081; C24, 27, 31, 35, 39, §12397; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.3]
2020 Acts, ch 1063, §366; 2021 Acts, ch 80, §372
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.4 - Process.

657.4 Process.
When upon indictment, complaint, or civil action any person is found guilty of erecting, causing, or continuing a nuisance, the court before whom such finding is had may, in addition to the fine imposed, if any, or to the judgment for damages or cost for which a separate execution may issue, order that such nuisance be abated or removed at the expense of the defendant, and, after inquiry into and estimating as nearly as may be the sum necessary to defray the expenses of such abatement, the court may issue a warrant therefor.
[C51, §2763; R60, §4413; C73, §4093; C97, §5082; C24, 27, 31, 35, 39, §12398; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.6 - Stay of execution.

657.6 Stay of execution.
Instead of issuing a warrant, the court may order the warrant to be stayed upon motion of the defendant, if the defendant enters into an undertaking to the state, in such sum and with such surety as the court may direct, under the condition that either the defendant will discontinue the nuisance or that, within a time limited by the court, and not exceeding six months, the defendant will cause the nuisance to be abated and removed, as either is directed by the court. Upon the defendant’s failure to perform the condition of the defendant’s undertaking, the surety shall be forfeited, and the court, upon being satisfied of a default, may order the warrant forthwith to issue, and action may be brought on the undertaking.
[C51, §2765; R60, §4415; C73, §4095; C97, §5084; C24, 27, 31, 35, 39, §12400; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.6]
2019 Acts, ch 59, §223
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.7 - Expenses — how collected.

657.7 Expenses — how collected.
The expense of abating a nuisance by virtue of a warrant can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance may be first levied upon and sold by the officer, and if any of the proceeds remain after satisfying the expense of the removal, such balance must be paid by the officer to the defendant, or to the owner of the property levied upon; and if said proceeds are not sufficient to pay such expenses, the officer must collect the residue thereof.
[C51, §2766; R60, §4416; C73, §4096; C97, §5085; C24, 27, 31, 35, 39, §12401; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.9 - Shooting ranges.

657.9 Shooting ranges.
1. Before a person improves property acquired to establish, use, and maintain a shooting range by the erection of buildings, breastworks, ramparts, or other works or before a person substantially changes the existing use of a shooting range, the person shall obtain approval of the county zoning commission or the city zoning commission, whichever is appropriate. The appropriate commission shall comply with section 335.8 or 414.6. In the event a county or city does not have a zoning commission, the county board of supervisors or the city council shall comply with section 335.6 or 414.5 before granting the approval.
2. A person who acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin, or impede the use of the range where there has not been a substantial change in the nature of the use of the range.
3. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.
[82 Acts, ch 1193, §1]
84 Acts, ch 1067, §49; 2018 Acts, ch 1041, §112
Referred to in §335.26, 414.26
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657 - NUISANCES › Section 657.10 - Mediation notice.

657.10 Mediation notice.
Notwithstanding this chapter, a person, required under chapter 654B to participate in mediation, shall not begin a proceeding subject to this chapter until the person receives a mediation release under section 654B.8, or until the court determines after notice and hearing that one of the following applies:
1. The time delay required for the mediation would cause the person to suffer irreparable harm.
2. The dispute involves a claim which should be resolved as a class action.
90 Acts, ch 1143, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.1A - Preliminary inspection of building.

657A.1A Preliminary inspection of building.
1. No sooner than one hundred thirty-five days after a property has become vacant, a person, other than a governmental entity, may request that the responsible building official inspect the property and certify that a property is both abandoned and in need of abatement. The responsible building official may also initiate an inspection on the official’s own initiative at any time.
2. If the responsible building official finds from an exterior view of the property, in addition to any other credible information that the official may have, that there is reasonable cause to believe that the property is abandoned and in need of abatement, the official shall schedule a date and time for an inspection of the property by the official. The person requesting the inspection shall provide written notice of the scheduled inspection by first class mail and certified mail to the owner and all interested persons at least twenty days before the inspection. The notice must state the date, time, and place of the inspection and state that unless the owner appears at the inspection to allow the responsible building official access to the interior of the property, the official, accompanied by the person serving notice and any interested persons appearing for the inspection, may enter the property to determine whether the property is abandoned and in need of abatement and, if so, to estimate the costs of abatement. The official may enter the property for an inspection, along with the person serving notice and any interested persons, if the owner is not present for the inspection. Upon request, the inspection may be rescheduled as needed. The responsible building official must obtain an administrative search warrant pursuant to section 808.14 to enter any building to conduct an inspection pursuant to this section.
3. The responsible building official’s findings shall be in writing with copies provided to the person requesting the inspection, the owner, and all interested parties. The governmental entity employing the responsible building official may establish and charge a fee to cover the reasonable costs of the inspection, which shall be added to costs in an action under this chapter.
4. Evidence that financial obligations in respect to a building, including but not limited to payments of a mortgage, bills, or property taxes, are currently met does not rebut a finding of abandonment if the property is substantially in need of abatement in an action filed under section 657A.2.
2019 Acts, ch 105, §5
Referred to in §631.1, 657A.2, 657A.8, 657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.4 - Appointment of receiver.

657A.4 Appointment of receiver.
After expiration of a date established pursuant to section 657A.3, subsection 1, or a hearing pursuant to section 657A.3, the court may appoint a receiver to take possession and control of the property in question. A person shall not be appointed as a receiver unless the person has first provided the court with a viable financial and construction plan for the rehabilitation of the property in question and has demonstrated the capacity and expertise to perform the required work in a satisfactory manner. The appointed receiver may be a financial institution that possesses an interest of record in the property, a nonprofit corporation that is duly organized and exists for the primary purpose of improving housing conditions in the county or city in which the property in question is located, or any person deemed qualified by the court. No part of the net earnings of a nonprofit corporation serving as a receiver under this section shall benefit a private shareholder or individual. Membership on the board of trustees of a nonprofit corporation does not constitute the holding of a public office or employment and is not an interest, either direct or indirect, in a contract or expenditure of money by a city or county. A member of a board of trustees of a nonprofit corporation appointed as receiver is not disqualified from holding public office or employment and is also not required to forfeit public office or employment by reason of the membership on the board of trustees.
85 Acts, ch 222, §4; 96 Acts, ch 1204, §29; 2019 Acts, ch 105, §8; 2020 Acts, ch 1063, §369
Referred to in §657A.3, 657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.5 - Determination of costs of abatement.

657A.5 Determination of costs of abatement.
1. Prior to ordering work or the furnishing of materials to abate a public nuisance under this chapter, the court shall make all of the following findings:
a. The estimated cost of the labor, materials, and financing required to abate the public nuisance.
b. The estimated income and expenses of the property after the furnishing of the materials and the completion of the repairs and improvements.
c. The need for and terms of financing for the performance of the work and the furnishing of the materials.
d. If repair and rehabilitation of the property are not found to be feasible, the cost of demolition of the property or the portions of the property that constitute the public nuisance.
2. Upon the written request of all the known interested persons to have the property or portions of the property demolished, the court may order the demolition. However, demolition shall not be ordered unless the requesting persons have paid the costs of demolition, the costs of the receivership, and all notes and mortgages of the receivership.
85 Acts, ch 222, §5
Referred to in §657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.6 - Powers and duties of receiver.

657A.6 Powers and duties of receiver.
Before proceeding with the receiver’s duties, a receiver appointed by the court shall post a bond in an amount designated by the court. The court may empower the receiver to do the following:
1. Take possession and control of the property, operate and manage the property, establish and collect rents and income, lease and rent the property, and evict tenants. An existing housing or building ordinance violation does not restrict the receiver’s authority pursuant to this subsection.
2. Pay all expenses of operating and conserving the property, including but not limited to the cost of electricity, gas, water, sewerage, heating fuel, repairs and supplies, custodian services, taxes, assessments, and insurance premiums, and hire and pay reasonable compensation to a managing agent.
3. Pay prereceivership mortgages and other liens and installments of prereceivership mortgages and other liens.
4. Perform or enter into contracts for the performance of work and the furnishing of materials necessary to abate the public nuisance, and obtain financing for the abatement of the public nuisance.
5. Pursuant to court order, remove and dispose of personal property which is abandoned, stored, or otherwise located on the property, that creates a dangerous or unsafe condition or that constitutes a violation of housing or building regulations or ordinances.
6. Obtain mortgage insurance for a receiver’s mortgage from an agency of the federal government.
7. Enter into agreements and take actions necessary to maintain and preserve the property and to comply with housing and building regulations and ordinances.
8. Give the custody of the property and the opportunity to abate the nuisance and operate the property to the owner or to a mortgagee or a lienholder of record.
9. Issue notes and secure the notes by mortgages bearing interest at the rate provided for judgments pursuant to section 535.3, and any terms and conditions as approved by the court. The court may provide for a higher interest rate if the receiver has established to the satisfaction of the court that the receiver has sought financing from individuals and institutions willing to lend money for rehabilitation of property and that the terms proposed by the receiver are reasonable. When transferred by the receiver in return for valuable consideration including money, material, labor, or services, the notes issued by the receiver are freely transferable. If the receiver has notice that the mortgagee of the receiver’s mortgage is contemplating a transfer of the mortgage, the receiver shall disclose such to the court in the application for approval of the mortgage.
85 Acts, ch 222, §6; 2019 Acts, ch 105, §9
Referred to in §657A.8, 657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.6A - Receiver — prohibited acts.

657A.6A Receiver — prohibited acts.
Notwithstanding section 657A.10, it shall be unlawful, and a receiver may be held liable for actual damages as determined by a court, for entering a residential property that is not abandoned for the purpose of forcing, intimidating, harassing, or coercing a lawful occupant of the property to vacate in order to render the property vacant and abandoned, and it shall be unlawful to otherwise force, intimidate, harass, or coerce a lawful occupant of a residential property to vacate so the property may be deemed vacant and abandoned. A receiver who peacefully enters a property for the purpose of rendering the property vacant and abandoned shall be immune from liability if the receiver makes a good-faith effort to comply with this chapter and all terms of any applicable mortgage, lease, or other agreement related to the occupancy of the building.
2019 Acts, ch 105, §10
Referred to in §657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.7 - Priority of receiver’s mortgage.

657A.7 Priority of receiver’s mortgage.
1. If the receiver’s mortgage is filed of record in the office of the county recorder of the county in which the property is located within sixty days of the issuance of a secured note, the receiver’s mortgage is a first lien upon the property and is superior to claims of the receiver and to all prior or subsequent liens and encumbrances except taxes and assessments, including taxes and assessments advanced by any mortgagee in the twelve-month period immediately preceding the date a petition is filed pursuant to section 657A.2. Priority among the receiver’s mortgages is determined by the order in which the mortgages are recorded.
2. The creation of a mortgage lien under this chapter prior to or superior to a mortgage of record at the time the receiver’s mortgage lien was created does not disqualify a prior recorded mortgage as a legal investment.
3. If a mortgagee of the receiver’s mortgage begins foreclosure procedures pursuant to chapter 655A and an interested party desires to pay off the mortgage loan, the interested party shall also pay the mortgagee’s reasonable costs and attorney fees.
85 Acts, ch 222, §7; 2019 Acts, ch 105, §11, 12
Referred to in §657A.3, 657A.8, 657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.8 - Assessment of costs.

657A.8 Assessment of costs.
The court may assess the costs and expenses set out in section 657A.6, subsection 2, and may approve receiver’s fees to the extent that the fees are not covered by the income from the property. The receiver shall pay the costs and reasonable attorney fees of a plaintiff who requested an inspection pursuant to section 657A.1A unless an interested party not in default who appeared for the inspection objects to the fees and costs in whole or in part. The court shall determine the merits of such objection. If the court finds that a neighboring landowner has pursued an action pursuant to this chapter in bad faith, the court may assess attorney fees against the neighboring landowner and may bar such neighboring landowner from filing future actions under this chapter. If a foreclosure of the receiver’s mortgage pursuant to chapter 655A is contemplated, the court may retain jurisdiction to determine the amount of attorney fees payable under section 657A.7, subsection 3.
85 Acts, ch 222, §8; 2019 Acts, ch 105, §13
Referred to in §657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.9 - Discharge of receiver.

657A.9 Discharge of receiver.
The receiver may be discharged at any time in the discretion of the court. The receiver shall be discharged when all of the following have occurred:
1. The public nuisance has been abated.
2. The costs of the receivership have been paid.
3. Either all the receiver’s notes and mortgages issued pursuant to this chapter have been paid, or all the holders of the notes and mortgages request in writing that the receiver be discharged.
85 Acts, ch 222, §9
Referred to in §657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.10 - Compensation and liability of receiver.

657A.10 Compensation and liability of receiver.
1. A receiver appointed under this chapter is entitled to receive fees and commissions in the same manner and to the same extent as receivers appointed in actions to foreclose mortgages.
2. The receiver appointed under this chapter is not civilly or criminally liable for actions pursuant to this chapter taken in good faith.
85 Acts, ch 222, §10; 86 Acts, ch 1238, §27
Referred to in §657A.6A, 657A.10A, 657A.10B
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.10A - Applicability.

657A.10A Applicability.
1. The provisions of sections 657A.1A through 657A.10 shall only apply to cities and counties that have, by ordinance, provided that the provisions shall apply.
2. The provisions of sections 657A.1A through 657A.10 shall not apply to a house, barn, outbuilding, or other building or structure located on agricultural land. For purposes of this subsection, “agricultural land” means land suitable for use in farming. For purposes of this subsection, “farming” means the cultivation of land for the production of agricultural crops, the production of fruit or other horticultural crops, grazing, or the production of livestock.
2019 Acts, ch 105, §15, 17
Referred to in §657A.10B
Former §657A.10A transferred to §657A.10B pursuant to directive;
2019 Acts, ch 105, §17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.10C - Petition for injunction.

657A.10C Petition for injunction.
1. As an alternative to the remedies under this chapter, a city, or a county if a property that is alleged to be a public nuisance is located outside the limits of a city, may petition the court for an injunction that requires the owner of the property to correct or eliminate the condition or violation causing the public nuisance. Service of the original notice shall be made as provided in section 657A.2, subsection 1.
2. This section shall not apply to a house, barn, outbuilding, or other building or structure located on agricultural land. For purposes of this subsection, “agricultural land” means land suitable for use in farming. For purposes of this subsection, “farming” means the cultivation of land for the production of agricultural crops, the production of fruit or other horticultural crops, grazing, or the production of livestock.
2019 Acts, ch 105, §16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.11 - Jurisdiction — remedies.

657A.11 Jurisdiction — remedies.
1. An action pursuant to this chapter is exclusively within the jurisdiction of district judges as provided in section 602.6202.
2. This chapter does not prevent a person from using other remedies or procedures to enforce building or housing ordinances or to correct or remove public nuisances.
85 Acts, ch 222, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 657A - ABANDONED OR UNSAFE BUILDINGS — ABATEMENT BY REHABILITATION › Section 657A.12 - Indexing of petition.

657A.12 Indexing of petition.
1. When a petition affecting real property is filed by a governmental entity under this chapter, the clerk of the district court shall index the petition pursuant to section 617.10, if the legal description of the affected property is included in or attached to the petition.
2. After filing the petition with the clerk of the district court, the governmental entity shall also file the petition in the office of the county treasurer. The county treasurer shall include a notation of the pendency of the action in the county system, as defined in section 445.1, until the judgment of the court is satisfied or until the action is dismissed. Pursuant to section 446.7, an affected property that is subject to a pending action shall not be offered for sale by the county treasurer at a tax sale.
2010 Acts, ch 1050, §13; 2016 Acts, ch 1011, §113
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.1 - Definitions.

658.1 Definitions.
As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2000 Acts, ch 1148, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.1A - Treble damages.

658.1A Treble damages.
If a guardian, tenant for life or years, joint tenant, or tenant in common of real property commit waste thereon, that person is liable to pay three times the damages which have resulted from such waste, to the person who is entitled to sue therefor.
[C51, §2134; R60, §3716; C73, §3332; C97, §4303; C24, 27, 31, 35, 39, §12402; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.1]
C2001, §658.1A
Referred to in §217.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.2 - Forfeiture and eviction.

658.2 Forfeiture and eviction.
Judgment of forfeiture and eviction may be rendered against the defendant whenever the amount of damages so recovered is more than two-thirds the value of the interest such defendant has in the property injured, when the action is brought by the person entitled to the reversion.
[C51, §2135; R60, §3717; C73, §3333; C97, §4304; C24, 27, 31, 35, 39, §12403; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.3 - Who deemed to have committed.

658.3 Who deemed to have committed.
Any person whose duty it is to prevent waste, and who fails to use reasonable and ordinary care to avert the same, shall be held to have committed it.
[C51, §2136; R60, §3718; C73, §3334; C97, §4305; C24, 27, 31, 35, 39, §12404; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.3]
Referred to in §217.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.4 - Treble damages for injury to trees.

658.4 Treble damages for injury to trees.
For willfully injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another’s cultivated ground, yard, or city lot, or on the public grounds of any city, or any land held by the state for any purpose whatever, the perpetrator shall pay treble damages at the suit of any person entitled to protect or enjoy the property.
[C51, §2137; R60, §3719; C73, §3335; C97, §4306; C24, 27, 31, 35, 39, §12405; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.5 - Estate of remainder or reversion.

658.5 Estate of remainder or reversion.
The owner of an estate in remainder or reversion may maintain either of the aforesaid actions for injuries done to the inheritance, notwithstanding any intervening estate for life or years.
[C51, §2139; R60, §3721; C73, §3337; C97, §4307; C24, 27, 31, 35, 39, §12406; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.6 - Action by heir.

658.6 Action by heir.
An heir, whether a minor or of full age, may maintain these actions for injuries done in the time of the heir’s ancestor as well as in the heir’s own time, unless barred by the statute of limitations.
[C51, §2140; R60, §3722; C73, §3338; C97, §4308; C24, 27, 31, 35, 39, §12407; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.7 - Purchaser at execution sale.

658.7 Purchaser at execution sale.
The purchaser of lands or tenements at execution sale may have and maintain an action against any person for either of the causes above mentioned, occurring or existing after such purchase; but this provision shall not be construed to forbid the person occupying the lands in the meantime from using them in the ordinary course of husbandry, or taking timber with which to make suitable repairs thereon, unless the timber so taken shall be of higher grade than required, in which case the person shall be held guilty of waste and liable accordingly.
[C51, §2141 – 2143; R60, §3723 – 3725; C73, §3339 – 3341; C97, §4309; C24, 27, 31, 35, 39, §12408; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.7]
Recovery of damages, §626.101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.8 - Settlers on lands of state.

658.8 Settlers on lands of state.
Any person settled upon and occupying any portion of the public lands held by the state is not liable as a trespasser for improving or cultivating it in the ordinary course of husbandry, nor for taking and using timber or other materials necessary and proper to enable the person to do so, provided the timber and other materials are taken from land properly constituting a part of the “claim” or tract of land so settled upon and occupied by the person.
[C51, §2144; R60, §3726; C73, §3342; C97, §4310; C24, 27, 31, 35, 39, §12409; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.9 - Holder of tax certificate.

658.9 Holder of tax certificate.
The owner of a treasurer’s certificate of purchase of land sold for taxes may recover treble damages of any person willfully committing waste or trespass thereon.
[C73, §3343; C97, §4311; C24, 27, 31, 35, 39, §12410; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.9]
Referred to in §658.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 658 - WASTE AND TRESPASS › Section 658.10 - Disposition of money.

658.10 Disposition of money.
All money recovered in an action brought under section 658.9 shall be paid by the officer collecting it to the auditor of the county in which the lands are situated, which shall be held by the auditor, and an entry thereof made in a book kept for that purpose, until the lands are redeemed, or a treasurer’s deed therefor executed to the holder of said certificate. If redemption is made, the money shall be paid to the owner of the land, and if not, to the person to whom the deed is executed.
[C73, §3344; C97, §4312; C24, 27, 31, 35, 39, §12411; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.10]
Referred to in §331.502
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659 - LIBEL AND SLANDER › Section 659.1 - Pleading.

659.1 Pleading.
In an action for slander or libel, it shall not be necessary to state any extrinsic facts for the purpose of showing the application to the plaintiff of any defamatory matter out of which the cause of action arose, or that the matter was used in a defamatory sense; but it shall be sufficient to state the defamatory sense in which such matter was used, and that the same was spoken or published concerning the plaintiff.
[R60, §2928; C73, §2681; C97, §3592; C24, 27, 31, 35, 39, §12412; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659 - LIBEL AND SLANDER › Section 659.2 - Libel — retraction — actual damages.

659.2 Libel — retraction — actual damages.
In any action for damages for the publication of a libel in a newspaper, free newspaper or shopping guide, or for defamatory statements made on a radio or television station, if the defendant can show that such libelous matter was published or broadcast through misinformation or mistake, the plaintiff shall recover no more than actual damages, unless a retraction be demanded and refused as hereinafter provided. Plaintiff shall serve upon the publisher at the principal place of publication or upon the owner of a radio or television station at the owner’s principal place of business a notice specifying the statements claimed to be libelous, and requesting that the same be withdrawn.
[SS15, §3592-a; C24, 27, 31, 35, 39, §12413; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.2]
Referred to in §659.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659 - LIBEL AND SLANDER › Section 659.3 - Retraction — actual, special, and exemplary damages.

659.3 Retraction — actual, special, and exemplary damages.
If a retraction or correction thereof be not published in as conspicuous a place and type in said newspaper, free newspaper or shopping guide, as were the statements complained of, in a regular issue thereof published within two weeks after such service, or in case of a defamatory statement on a radio or television station if a retraction or correction thereof be not broadcast at a time considered as favorable as that of the defamatory statement within two weeks after such service, plaintiff may allege such notice, demand, and failure to retract in the complaint and may recover both actual, special, and exemplary damages if the plaintiff’s cause of action be maintained. If such retraction be so published or broadcast, the plaintiff may still recover such actual, special, and exemplary damages, unless the defendant shall show that the libelous publication or defamatory statement was made in good faith, without malice, and under a mistake as to the facts.
[SS15, §3592-a; C24, 27, 31, 35, 39, §12414; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.3]
Referred to in §659.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659 - LIBEL AND SLANDER › Section 659.4 - Candidate — retraction — time — imputing sexual misconduct.

659.4 Candidate — retraction — time — imputing sexual misconduct.
If the plaintiff was a candidate for office at the time of the libelous publication, no retraction shall be available unless published in a conspicuous place on the editorial page, nor if the libel was published within two weeks next before the election. This section and sections 659.2 and 659.3 do not apply to libel imputing sexual misconduct to any persons.
[SS15, §3592-a; C24, 27, 31, 35, 39, §12415; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.4]
85 Acts, ch 99, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659 - LIBEL AND SLANDER › Section 659.5 - Defamatory statement by radio.

659.5 Defamatory statement by radio.
The owner, lessee, licensee, or operator of a radio broadcasting station, and the agents or employees of any such owner, lessee, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio broadcast, by one other than such owner, lessee, licensee, or operator, or agent or employee thereof, if such owner, lessee, licensee, operator, agent, or employee shall prove the exercise of due care to prevent the publication or utterance of such statement in such broadcasts.
[C39, §12415.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659 - LIBEL AND SLANDER › Section 659.6 - Proof of malice.

659.6 Proof of malice.
In actions for slander or libel, an unproved allegation of the truth of the matter charged shall not be deemed proof of malice, unless the jury on the whole case finds that such defense was made with malicious intent.
[R60, §2929; C73, §2682; C97, §3593; C24, 27, 31, 35, 39, §12416; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.2 - Definitions.

659A.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
2. “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image.
3. “Disclosure” means transfer, publication, or distribution to another person. “Disclose” has a corresponding meaning.
4. “Identifiable” means recognizable by a person other than the depicted individual from any of the following:
a. An intimate image itself.
b. An intimate image and identifying characteristic displayed in connection with the intimate image.
5. “Identifying characteristic” means information that may be used to identify a depicted individual.
6. “Individual” means a human being.
7. “Intimate image” means a photograph, film, video recording, or other similar medium that shows any of the following:
a. The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual.
b. A depicted individual engaging in or being subjected to sexual conduct.
8. “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
9. “Sexual conduct” includes all of the following:
a. Masturbation, which means the same as “masturbate” as defined in section 709.9, subsection 2, paragraph “c”.
b. Genital, anal, or oral sex.
c. Sexual penetration of, or with, an object.
d. Bestiality.
e. The transfer of semen onto a depicted individual.
2021 Acts, ch 56, §2
Referred to in §659A.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.3 - Civil action.

659A.3 Civil action.
1. As used in this section, unless the context otherwise requires:
a. “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
b. “Private” means any of the following:
(1) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy.
(2) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.
2. Except as otherwise provided in section 659A.4, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause of action against the person if the person knew, or acted with reckless disregard regarding, all of the following:
a. The depicted individual did not consent to the disclosure.
b. The intimate image was private.
c. The depicted individual was identifiable.
3. The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:
a. Consent to creation of the image.
b. Previous consensual disclosure of the image.
4. A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
2021 Acts, ch 56, §3
Referred to in §659A.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.4 - Exceptions to liability.

659A.4 Exceptions to liability.
1. As used in this section, unless the context otherwise requires:
a. “Child” means an unemancipated individual who is less than eighteen years of age.
b. “Parent” means an individual recognized as a parent under law of this state other than this chapter.
2. A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was any of the following:
a. Made in good faith in any of the following circumstances:
(1) Law enforcement.
(2) A legal proceeding.
(3) Medical education or treatment.
b. Made in good faith in the reporting or investigation of any of the following:
(1) Unlawful conduct.
(2) Unsolicited and unwelcome conduct.
c. Related to a matter of public concern or public interest.
d. Reasonably intended to assist the depicted individual.
3. Subject to subsection 4, a defendant who is a person responsible for the care of a child as defined in section 232.68 is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in section 659A.2, subsection 7, paragraph “a”, of the child.
4. If a defendant asserts an exception to liability under subsection 3, the exception does not apply if the plaintiff proves the disclosure was any of the following:
a. Prohibited by law other than this chapter.
b. Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
5. Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
2021 Acts, ch 56, §4
Referred to in §659A.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.5 - Plaintiff’s privacy.

659A.5 Plaintiff’s privacy.
In an action under this chapter all of the following are true:
1. Identifying characteristics of the plaintiff shall be redacted from all pleadings and documents filed in the action under
rule of civil procedure 1.422
, without court order.
2. A plaintiff to whom subsection 1 applies shall file with the court and serve on the defendant a protected information form, pursuant to
rule of electronic procedure 16.606
, that includes the excluded or redacted plaintiff’s name and other identifying characteristics.
3. The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
2021 Acts, ch 56, §5