reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.28 - Liability for damages.

351.28 Liability for damages.
The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.
[C73, §1485; C97, §2340; S13, §2340; C24, 27, 31, 35, 39, §5450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.28]
83 Acts, ch 117, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.29 - Construction clause.

351.29 Construction clause.
A holding that one or more sections of this chapter are unconstitutional shall not be held to invalidate the remaining sections.
[C24, 27, 31, 35, 39, §5451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.29]
2019 Acts, ch 59, §107
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.33 - Rabies vaccination.

351.33 Rabies vaccination.
Every owner of a dog shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in the person’s possession, six months of age or over, which has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large shall not be subject to these vaccination requirements.
[C66, 71, 73, 75, 77, 79, 81, §351.33]
Referred to in §351.35, 351.36, 351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.35 - How and when.

351.35 How and when.
The rabies vaccination required by section 351.33 shall be an injection of antirabies vaccine approved by the state department of agriculture and land stewardship, and the frequency of revaccination necessary for approved vaccinations shall be as established by such department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the state department of agriculture and land stewardship. The veterinarian shall issue a tag with the certificate of vaccination, and such tag shall at all times be attached to the collar of the dog.
[C66, 71, 73, 75, 77, 79, 81, §351.35]
Referred to in §351.36, 351.42, 351.43, 351.45
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.36 - Enforcement.

351.36 Enforcement.
Local health and law enforcement officials shall enforce the provisions of sections 351.33, 351.35, this section, and sections 351.37 through 351.43 relating to vaccination and impoundment of dogs. Such public officials shall not be responsible for any accident or disease of a dog resulting from the enforcement of the provisions of said sections.
[C66, 71, 73, 75, 77, 79, 81, §351.36]
2018 Acts, ch 1026, §121
Referred to in §351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.37 - Dogs running at large — impoundment — disposition.

351.37 Dogs running at large — impoundment — disposition.
1. A dog shall be apprehended and impounded by a local board of health or law enforcement official if the dog is running at large and the dog is not wearing a valid rabies vaccination tag or a rabies vaccination certificate is not presented to the local board of health or law enforcement official.
2. The local board of health or law enforcement official shall provide written notice to the owner if the local board of health or law enforcement official can reasonably determine the owner’s name and current address by accessing a tag or other device that is on or a part of the dog. The notice shall be sent within two days after the dog has been impounded. The notice shall provide that if the owner does not redeem the dog within seven days from the date that the notice is delivered, the dog may be humanely destroyed or otherwise disposed of in accordance with law. For purposes of this section, notice is delivered when the local board of health or law enforcement official mails the notice which may be by regular mail. An owner may redeem a dog by having it immediately vaccinated and paying the cost of impoundment.
3. If the owner of the impounded dog fails to redeem the dog within seven days from the date of the delivery of the notice to the dog’s owner as provided in this section, the dog may be disposed of in accordance with law. If the dog is destroyed, it must be destroyed by euthanasia as defined in section 162.2.
[C66, 71, 73, 75, 77, 79, 81, §351.37]
2002 Acts, ch 1130, §1; 2017 Acts, ch 54, §76
Referred to in §351.36, 351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.38 - Owner’s duty.

351.38 Owner’s duty.
It shall be the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It shall be the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.
[C66, 71, 73, 75, 77, 79, 81, §351.38]
Referred to in §351.36, 351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.39 - Confinement.

351.39 Confinement.
If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section shall not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.
[C66, 71, 73, 75, 77, 79, 81, §351.39]
2001 Acts, ch 19, §1; 2001 Acts, ch 176, §68
Referred to in §351.36, 351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.40 - Quarantine.

351.40 Quarantine.
If a local board of health believes rabies to be epidemic, or believes there is a threat of epidemic, in its jurisdiction, it may declare a quarantine in all or part of the area under its jurisdiction and such declaration shall be reported to the Iowa department of public health. During the period of quarantine, any person owning or having a dog in the person’s possession in the quarantined area shall keep such animal securely enclosed or on a leash for the duration of the quarantine period.
[C66, 71, 73, 75, 77, 79, 81, §351.40]
Referred to in §351.36, 351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.41 - Not a limitation on power of municipalities and counties.

351.41 Not a limitation on power of municipalities and counties.
This chapter does not limit the power of any city or county to prohibit dogs and other animals from running at large, whether or not they have been vaccinated for rabies, and does not limit the power of any city or county to provide additional measures for the restriction of dogs and other animals for the control of rabies and for other purposes.
[C66, 71, 73, 75, 77, 79, 81, S81, §351.41; 81 Acts, ch 117, §1065]
Referred to in §351.36, 351.42, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.42 - Exempt dogs.

351.42 Exempt dogs.
Dogs that are under the control of the owner or handlers and which are in transit, or are to be exhibited shall be exempt from the vaccination provisions of these sections if they are within the state for less than thirty days. Dogs assigned to a research institution or a like facility shall be exempt from the provisions of sections 351.33 and 351.35, sections 351.36 through 351.41, this section, and section 351.43.
[C66, 71, 73, 75, 77, 79, 81, §351.42]
2018 Acts, ch 1026, §122
Referred to in §351.36, 351.43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.43 - Penalty.

351.43 Penalty.
Any person who violates or refuses to comply with the provisions of section 351.33 or sections 351.35 through 351.42 is guilty of a simple misdemeanor.
[C66, 71, 73, 75, 77, 79, 81, §351.43]
2018 Acts, ch 1026, §123; 2022 Acts, ch 1021, §87
Referred to in §351.36, 351.42
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.45 - Tampering with a rabies vaccination tag — penalties.

351.45 Tampering with a rabies vaccination tag — penalties.
1. A person commits the offense of tampering with a rabies vaccination tag if all of the following apply:
a. The person knowingly removes, damages, or destroys a rabies vaccination tag as described in section 351.35.
b. The rabies vaccination tag is attached to a collar worn by a dog, including as provided in sections 351.25 and 351.26.
2. a. For a first conviction, the person is guilty of a simple misdemeanor.
b. For a second or subsequent conviction, the person is guilty of a serious misdemeanor.
3. This section shall not apply to an act taken by any of the following:
a. The owner of the dog, an agent of the owner, or a person authorized to take action by the owner.
b. A peace officer as defined in section 801.4.
c. A veterinarian licensed as provided in chapter 169.
d. An animal shelter or pound as defined in section 162.2.
2020 Acts, ch 1111, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 351 - DOGS AND OTHER ANIMALS › Section 351.46 - Tampering with an electronic handling device — penalties.

351.46 Tampering with an electronic handling device — penalties.
1. A person commits the offense of tampering with an electronic handling device if all of the following apply:
a. The person knowingly removes, disables, or destroys an electric device designed and used to maintain custody or control of the dog or modify the dog’s behavior.
b. The electronic device is attached to or worn by the dog or attached to an item worn by the dog, including but not limited to a collar, harness, or vest.
2. a. For a first conviction, the person is guilty of a simple misdemeanor.
b. For a second or subsequent conviction, the person is guilty of a serious misdemeanor.
3. This section shall not apply to an act taken by any of the following:
a. The owner of the dog, an agent of the owner, or a person authorized to take action by the owner.
b. A peace officer as defined in section 801.4.
c. A veterinarian licensed as provided in chapter 169.
d. An animal shelter or pound as defined in section 162.2.
2020 Acts, ch 1111, §2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.1 - Purpose.

352.1 Purpose.
1. It is the intent of the general assembly and the policy of this state to provide for the orderly use and development of land and related natural resources in Iowa for residential, commercial, industrial, and recreational purposes, preserve private property rights, protect natural and historic resources and fragile ecosystems of this state including forests, wetlands, rivers, streams, lakes and their shorelines, aquifers, prairies, and recreational areas to promote the efficient use and conservation of energy resources, to promote the creation and maintenance of wildlife habitat, to consider the protection of soil from wind and water erosion and preserve the availability and use of agricultural land for agricultural production, through processes that emphasize the participation of citizens and local governments.
2. The general assembly recognizes the importance of preserving the state’s finite supply of agricultural land. Conversion of farmland to urban development, and other nonfarm uses, reduces future food production capabilities and may ultimately undermine agriculture as a major economic activity in Iowa.
3. It is the intent of the general assembly to provide local citizens and local governments the means by which agricultural land may be protected from nonagricultural development pressures. This may be accomplished by the creation of county land preservation and use plans and policies, adoption of an agricultural land preservation ordinance, or establishment of agricultural areas in which substantial agricultural activities are encouraged, so that land inside these areas or subject to those ordinances is conserved for the production of food, fiber, and livestock, thus assuring the preservation of agriculture as a major factor in the economy of this state.
[C79, 81, §93A.1; 82 Acts, ch 1245, §2]
C87, §176B.1
C93, §352.1
2017 Acts, ch 54, §76
Referred to in §352.6, 352.12
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.2 - Definitions.

352.2 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Agricultural area” means an area meeting the qualifications of section 352.6 and designated under section 352.7.
2. “County board” means the county board of supervisors.
3. “County commission” means the county land preservation and use commission.
4. “Farm” means the land, buildings, and machinery used in the commercial production of farm products.
5. “Farmland” means those parcels of land suitable for the production of farm products.
6. “Farm operation” means a condition or activity which occurs on a farm in connection with the production of farm products and includes but is not limited to the raising, harvesting, drying, or storage of crops; the care or feeding of livestock; the handling or transportation of crops or livestock; the treatment or disposal of wastes resulting from livestock; the marketing of products at roadside stands or farm markets; the creation of noise, odor, dust, or fumes; the operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.
7. “Farm products” means those plants and animals and their products which are useful to people and includes but is not limited to forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, fruits, vegetables, flowers, seeds, grasses, trees, fish, honey, and other similar products, or any other plant, animal, or plant or animal product which supplies people with food, feed, fiber, or fur.
8. “Livestock” means the same as defined in section 267.1.
9. “Nuisance” means a public or private nuisance as defined either by statute, administrative rule, ordinance, or the common law.
10. “Nuisance action or proceeding” means an action, claim, or proceeding, whether brought at law, in equity, or as an administrative proceeding, which is based on nuisance.
[C79, 81, §93A.2; 82 Acts, ch 1245, §3]
C87, §176B.2
C93, §352.2
93 Acts, ch 146, §1, 2
Referred to in §321.449, 321I.14, 480.9
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.3 - County land preservation and use commissions established.

352.3 County land preservation and use commissions established.
1. a. In each county a county land preservation and use commission is created composed of the following members:
(1) One member appointed by and from the county agricultural extension council.
(2) Two members appointed by the district soil and water conservation commissioners, one of whom must be a member of the district soil and water conservation board of commissioners and one must be a person who is not a commissioner, but is actively operating a farm in the county.
(3) One member appointed by the board of supervisors from the residents of the county who may be a member of the board.
(4) One member appointed by and from a convention of the mayors and councilpersons of the cities of the county. If a participating city contains fifty percent or more of the total population of the participating cities, that city may appoint the member appointed under this paragraph.
b. However, if a city contains more than fifty percent of the population of a county which has a population exceeding fifty thousand persons, that city shall not participate in the convention of mayors and councilpersons and the members appointed under paragraph “a”, subparagraph (4), shall be one member appointed by and from the mayor and councilpersons of that city and one member appointed by and from the convention of mayors and councilpersons and the member appointed under paragraph (a), subparagraph (3), shall be a resident of the county engaged in actual farming operations appointed by the board of supervisors.
2. The county commission shall meet and organize by the election of a chairperson and vice chairperson from among its members by October 1, 1982. A majority of the members of the county commission constitutes a quorum. Concurrence of a quorum is required to determine any matter relating to its official duties.
3. The state agricultural extension service shall provide county commissions with technical, informational, and clerical assistance.
4. A vacancy in the county commission shall be filled in the same manner as the appointment of the member whose position is vacant. The term of a county commissioner is four years. However, in the initial appointments to the county commission, the members appointed under subsection 1, paragraph “a”, subparagraphs (1) and (2) shall be appointed to terms of two years. Members may be appointed to succeed themselves.
[C79, 81, §93A.3(1, 2, 4); 82 Acts, ch 1245, §4]
C87, §176B.3
87 Acts, ch 23, §6
C93, §352.3
2010 Acts, ch 1061, §141
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.4 - County inventories.

352.4 County inventories.
1. Each county commission shall compile a county land use inventory of the unincorporated areas of the county by July 1, 1984. The county inventories shall where adequate data is available contain at least the following:
a. The land available and used for agricultural purposes by soil suitability classifications or land capability classification, whichever is available.
b. The lands used for public facilities, which may include parks, recreation areas, schools, government buildings, and historical sites.
c. The lands used for private open spaces, which may include woodlands, wetlands, and water bodies.
d. The land used for each of the following uses: commercial, industrial including mineral extraction, residential, and transportation.
e. The lands which have been converted from agricultural use to residential use, commercial or industrial use, or public facilities since 1960.
2. In addition to that provided under subsection 1, the county inventory shall also contain the land inside the boundaries of a city which is taxed as agricultural land.
3. The information required by subsection 1 shall be provided both in narrative and map form. The county commission shall provide a cartographic display which contrasts the county’s present land use with the land use in the county in 1960 based on the best available information. The display need only show the areas in agriculture, private open spaces, public facilities, commercial, industrial, residential, and transportation uses.
4. The department of agriculture and land stewardship, department of management, department of natural resources, Iowa geological survey, state agricultural extension service, and the economic development authority shall, upon request, provide to each county commission any pertinent land use information available to assist in the compiling of the county land use inventories.
[C79, 81, §93A.4(9); 82 Acts, ch 1245, §5]
83 Acts, ch 101, §6; 83 Acts, ch 137, §26; 84 Acts, ch 1303, §22
C87, §176B.4
C93, §352.4
2011 Acts, ch 118, §85, 89; 2019 Acts, ch 131, §33; 2020 Acts, ch 1062, §47, 48
Referred to in §352.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.5 - County land preservation and use plan.

352.5 County land preservation and use plan.
1. By March 1, 1985, after at least one public hearing, a county commission shall propose to the county board a county land use plan for the unincorporated areas in the county, or it shall transmit to the county board the county land use inventory completed pursuant to section 352.4 together with a set of written findings on the following factors considered by the county commission:
a. Methods of preserving agricultural lands for agricultural production.
b. Methods of preserving and providing for recreational areas, forests, wetlands, streams, lakes and aquifers.
c. Methods of providing for housing, commercial, industrial, transportational and recreational needs.
d. Methods to promote the efficient use and conservation of energy resources.
e. Methods to promote the creation and maintenance of wildlife habitat.
f. Methods of implementing the plan, if adopted, including a formal countywide system to allow variances from the county plan that incorporates the examination of alternative land uses and a public hearing on such alternatives.
g. Methods of encouraging the voluntary formation of agricultural areas by the owners of farmland.
h. Methods of considering the platting of subdivisions and its effect upon the availability of farmland.
2. Upon receipt of the inventory and findings, the county board may direct the county commission to prepare a county land use plan for the consideration of the county board.
3. a. Upon receipt of a plan, the county board may rerefer the plan to the county commission for modification, reject the plan or adopt the plan either as originally submitted or as modified.
b. If the plan is approved by the county board, it shall be the land use policy of the county and shall be administered and enforced by the county in the unincorporated areas. The county commission shall review the county plan periodically for the purpose of considering amendments to it. If the commission proposes amendments to the plan, it shall forward the proposal to the county board which may rerefer the amendments to the commission for modification or reject or adopt the amendments.
4. Within thirty days after the completion of the county land use inventory compiled pursuant to section 352.4 or any county land use plan or set of written findings completed pursuant to this section, the county commission shall transmit one copy of each to the interagency resource council.
[C79, 81, §93A.3(3, 5, 6); 82 Acts, ch 1245, §6]
C83, §93A.5
84 Acts, ch 1303, §23
C87, §176B.5
C93, §352.5
2010 Acts, ch 1061, §180
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.6 - Creation or expansion of agricultural areas.

352.6 Creation or expansion of agricultural areas.
1. An owner of farmland may submit a proposal to the county board for the creation or expansion of an agricultural area within the county. An agricultural area, at its creation, shall include at least three hundred acres of farmland; however, a smaller area may be created if the farmland is adjacent to farmland subject to an agricultural land preservation ordinance pursuant to section 335.27 or adjacent to land located within an existing agricultural area. The proposal shall include a description of the proposed area to be created or expanded, including its boundaries. The territory shall be as compact and as nearly adjacent as feasible. Land shall not be included in an agricultural area without the consent of the owner. Agricultural areas shall not exist within the corporate limits of a city. The county board may consult with the department of natural resources when creating or expanding an agricultural area contiguous to a location which is under the direct supervision of the department, including a state park, state preserve, state recreation area, or sovereign lake. Agricultural areas may be created in a county which has adopted zoning ordinances. Except as provided in this section, the use of the land in agricultural areas is limited to farm operations.
2. The following shall be permitted in an agricultural area:
a. Residences constructed for occupation by a person engaged in farming or in a family farm operation. Nonconforming preexisting residences may be continued in residential use.
b. Property of a telephone company, city utility as defined in section 390.1, public utility as defined in section 476.1, or pipeline company as defined in section 479.2.
3. The county board of supervisors may permit any use not listed in subsection 2 in an agricultural area only if it finds all of the following:
a. The use is not inconsistent with the purposes set forth in section 352.1.
b. The use does not interfere seriously with farm operations within the area.
c. The use does not materially alter the stability of the overall land use pattern in the area.
[82 Acts, ch 1245, §7]
C83, §93A.6
C87, §176B.6
C93, §352.6
93 Acts, ch 146, §3; 2010 Acts, ch 1061, §142
Referred to in §335.27, 352.2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.7 - Duties of county board.

352.7 Duties of county board.
1. Within thirty days of receipt of a proposal to create or expand an agricultural area which meets the statutory requirements, the county board shall provide notice of the proposal by publishing notice in a newspaper of general circulation in the county. Within forty-five days after receipt of the proposal, the county board shall hold a public hearing on the proposal.
2. Within sixty days after receipt, the county board shall adopt the proposal or any modification of the proposal it deems appropriate, unless to do so would be inconsistent with the purposes of this chapter.
[82 Acts, ch 1245, §8]
C83, §93A.7
C87, §176B.7
C93, §352.7
93 Acts, ch 146, §4
Referred to in §352.2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.8 - Requirement that description of agricultural areas be filed with the county.

352.8 Requirement that description of agricultural areas be filed with the county.
Upon the creation or expansion of an agricultural area, its description shall be filed by the county board with the county auditor and placed on record with the recording officer in the county.
[82 Acts, ch 1245, §9]
C83, §93A.8
C87, §176B.8
C93, §352.8
93 Acts, ch 146, §5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.9 - Withdrawal.

352.9 Withdrawal.
1. At any time after three years from the date of creation of an agricultural area, an owner may withdraw from an agricultural area by filing with the county board a request for withdrawal containing a legal description of the land to be withdrawn and a statement of the reasons for the withdrawal. The county board shall, within sixty days of receipt of the request, approve or deny the request for withdrawal. At any time after six years from the date of creation of an agricultural area, an owner may withdraw from an agricultural area by filing with the county board a notice of withdrawal containing a legal description of the land to be withdrawn.
2. The board shall cause the description of that agricultural area filed with the county auditor and recording officer in the county to be modified to reflect any withdrawal. Withdrawal shall be effective on the date of recording. The agricultural area from which the land is withdrawn shall continue in existence even if smaller than three hundred acres after withdrawal.
[82 Acts, ch 1245, §10]
C83, §93A.9
C87, §176B.9
C93, §352.9
93 Acts, ch 146, §6
Referred to in §352.11
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.10 - Limitation on power of certain public agencies to impose public benefit assessments or special assessments.

352.10 Limitation on power of certain public agencies to impose public benefit assessments or special assessments.
A political subdivision or a benefited district providing public services such as sewer, water, or lights or for nonfarm drainage shall not impose benefit assessments or special assessments on land used primarily for agricultural production within an agricultural area on the basis of frontage, acreage, or value, unless the benefit assessments or special assessments were imposed prior to the formation of the agricultural area, or unless the service is provided to the landowner on the same basis as others having the service.
[82 Acts, ch 1245, §11]
C83, §93A.10
C87, §176B.10
C93, §352.10
Referred to in §335.27
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.11 - Incentives for agricultural land preservation — payment of costs and fees in nuisance actions.

352.11 Incentives for agricultural land preservation — payment of costs and fees in nuisance actions.
1. Nuisance restriction.
a. A farm or farm operation located in an agricultural area shall not be found to be a nuisance regardless of the established date of operation or expansion of the agricultural activities of the farm or farm operation. This paragraph shall apply to a farm operation conducted within an agricultural area for six years following the exclusion of land within an agricultural area other than by withdrawal as provided in section 352.9.
b. Paragraph “a” does not apply to a nuisance which is the result of a farm operation determined to be in violation of a federal statute or regulation or state statute or rule. Paragraph “a” does not apply if the nuisance results from the negligent operation of the farm or farm operation. Paragraph “a” does not apply to actions or proceedings arising from injury or damage to a person or property caused by the farm or a farm operation before the creation of the agricultural area. Paragraph “a” does not affect or defeat the right of a person to recover damages for an injury or damage sustained by the person because of the pollution or change in condition of the waters of a stream, the overflowing of the person’s land, or excessive soil erosion onto another person’s land, unless the injury or damage is caused by an act of God.
c. A person shall not bring an action or proceeding based on a claim of nuisance arising from a farm operation unless the person proceeds with mediation as provided in chapter 654B.
d. If a defendant is a prevailing party in an action or proceeding based on a claim of nuisance and arising from a farm operation conducted on farmland within an agricultural area, the plaintiff shall pay court costs and reasonable attorney fees incurred by the defendant, if the court determines that the claim is frivolous.
2. Water priority. In the application for a permit to divert, store, or withdraw water and in the allocation of available water resources under a water permit system, the department of natural resources shall give priority to the use of water resources by a farm or farm operation, exclusive of irrigation, located in an agricultural area over all other uses except the competing uses of water for ordinary household purposes.
[82 Acts, ch 1245, §12]
C83, §93A.11
83 Acts, ch 101, §7; 83 Acts, ch 137, §27
C87, §176B.11
C93, §352.11
93 Acts, ch 146, §7
Referred to in §335.27, 455B.275
Nuisances in general, chapter 657
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 352 - COUNTY LAND PRESERVATION AND USE COMMISSIONS › Section 352.12 - State regulation.

352.12 State regulation.
In order to accomplish the purposes set forth in section 352.1, a rule adopted by a state agency after July 1, 1982 which would restrict or regulate farms or farm operations may contain standards which are less restrictive for farms or farm operations inside an agricultural area than for farms or farm operations outside such an area. A rule containing such a discrimination shall not for the fact of such discrimination alone be found or held to be unreasonable, arbitrary, capricious, beyond the authority delegated to the agency, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion.
[82 Acts, ch 1245, §13]
C83, §93A.12
C87, §176B.12
C93, §352.12
Referred to in §335.27
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.1 - Definitions.

353.1 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 IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.1A - Board may establish.

353.1A Board may establish.
The board of supervisors of any county where there is no privately owned quarry, or when a privately owned quarry is unable to supply limestone in the same amount and at the same price and terms, shall have the jurisdiction, power and authority, at any regular, special or adjourned session to establish, locate, acquire by purchase or lease for the county use, any limestone quarry not at that time being operated by private individuals, corporations or associations, suitable for agricultural purposes. Such quarry shall not be so established, located, acquired, or leased unless and until the board has determined by actual investigation that the county can produce by such method lime at less cost than lime of the same quality may be purchased by the county and delivered in the county from other sources.
[C39, §3142.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.1]
C93, §353.1
C2001, §353.1A
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.2 - Equipment to operate.

353.2 Equipment to operate.
The board of supervisors shall have the authority and power to acquire such equipment as it shall deem necessary for the operation of any limestone quarry acquired for the production of agricultural lime.
[C39, §3142.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.2]
C93, §353.2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.3 - Petition by farm owners.

353.3 Petition by farm owners.
When a petition signed by fifty or more owners of farms within the county requesting the board of supervisors to sell lime to them under this chapter is filed with the board of supervisors, or when a petition signed by any number of owners of farms within the county requesting the board of supervisors to sell to them under this chapter an amount of lime aggregating not less than five thousand tons, is filed with the board of supervisors, said board may provide for and sell, under the provisions of this chapter, such lime as is requested to the said farm owners signing the petition and to any others requesting such sale of lime.
[C39, §3142.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.3]
C93, §353.3
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.4 - Assessment lien.

353.4 Assessment lien.
The board shall have full power and authority to quarry, pulverize and sell or to purchase and resell to said farm owners in their respective counties, limestone for their use on their farms and may either sell same for cash, or on application of any farm owner in the county, written notice having been first given to the mortgage or lienholder and consent of said lienholders having been obtained in writing, which consent shall be filed in the office of the county auditor, provide agricultural lime, and deliver same to farm of applicant, payment for same to be provided for by a special assessment tax levy against the real estate so benefited in the amount of the sales value and transportation of said agricultural lime, which assessment shall be payable at the option of the owner of the farm or the owner’s legal heirs or assignees in its entirety on or before December 1 following the receipt of said lime or may be paid in five equal annual installments payable on October 1 of each succeeding year with the ordinary taxes until said special assessment is fully paid. The special assessment shall, by consent, be a lien prior to any lien or liens upon said real estate.
[C39, §3142.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.4]
C93, §353.4
Referred to in §353.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.5 - Interest on installments.

353.5 Interest on installments.
All unpaid installments of the special assessment tax levied against the property described in section 353.4 shall bear interest at a rate not exceeding that permitted by chapter 74A and all delinquent installments shall be subject to the same penalties as are now applied to delinquent general taxes.
[C39, §3142.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.5]
C93, §353.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.6 - Anticipatory warrants.

353.6 Anticipatory warrants.
The board shall have the authority for the purpose of financing and carrying out the provisions of this chapter to issue anticipatory warrants drawn on the county, in denominations of one hundred dollars, five hundred dollars and one thousand dollars, which anticipatory warrants shall draw interest at a rate not exceeding that permitted by chapter 74A; and shall not be a general obligation on the county and be secured only by the special assessment tax levy as herein provided.
[C39, §3142.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.6]
C93, §353.6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.7 - Contents of warrants.

353.7 Contents of warrants.
All such anticipatory warrants shall be signed by the chairperson of the board of supervisors and attested by the county auditor with the auditor’s official seal attached thereto, and dated as of the date of sale, and shall not be sold for less than par value. Said bonds may be drawn and sold from time to time as the need for funds to carry out the purpose of this chapter arises.
[C39, §3142.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.7]
C93, §353.7
Referred to in §331.502
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.8 - Registration — call.

353.8 Registration — call.
All anticipatory warrants drawn under the provisions of this chapter, shall be numbered consecutively, and be registered in the office of the county treasurer and be subject to call in numerical order at any time when sufficient money derived from the sale of such limestone or the payment of a special assessment levied therefor, is in the hands of the county treasurer to retire any of said warrants together with accrued interest thereon.
[C39, §3142.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.8]
C93, §353.8
Referred to in §331.552
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.9 - Price of lime.

353.9 Price of lime.
The cost price of this agricultural lime shall be fixed by the board of supervisors, at not less than the actual cost of production at the quarry with ten percent added to provide for the cost of and depreciation on the equipment used in the production of said agricultural lime, together with any cost in transportation of the lime from the quarry to the farm of applicant.
[C39, §3142.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.9]
C93, §353.9
Referred to in §353.10
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.10 - Cost calculated.

353.10 Cost calculated.
In calculating the cost price of the agricultural lime to the county as referred to in section 353.9, all elements of the cost of the operations, including the amortization of the purchase price of any quarries, lands, or equipment over the period during which any bonds, warrants or other obligations incurred by the county therefor shall mature, cost of all labor, proportionate and actual administrative overhead of county officials and other county executive employees in administering said chapter and conducting said business, repairs to plant machinery and equipment, wages of all employees and all other costs of production shall be kept in a separate system of accounts, and all books and records with respect to the cost of said agricultural limestone and the methods of bookkeeping and all records in connection with the production, disposal and sale of said agricultural limestone shall be open to the inspection of the public at all times.
[C39, §3142.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.10]
C93, §353.10
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 353 - COUNTY LIMESTONE QUARRIES › Section 353.11 - Relief labor.

353.11 Relief labor.
The board is specifically authorized to use relief labor in the production of agricultural lime as provided for in this chapter, but shall pay the prevailing labor scale for that type of work, customary in that vicinity.
[C39, §3142.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §202.11]
C93, §353.11
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.1 - Statement of purpose.

354.1 Statement of purpose.
It is the purpose of this chapter to provide for a balance between the review and regulation authority of governmental agencies concerning the division and subdivision of land and the rights of landowners. It is therefore determined to be in the public interest:
1. To provide for accurate, clear, and concise legal descriptions of real estate in order to prevent, wherever possible, land boundary disputes or real estate title problems.
2. To provide for a balance between the land use rights of individual landowners and the economic, social, and environmental concerns of the public when a city or county is developing or enforcing land use regulations.
3. To provide for statewide, uniform procedures and standards for the platting of land while allowing the widest possible latitude for cities and counties to establish and enforce ordinances regulating the division and use of land, within the scope of, but not limited to, chapters 331, 335, 364, 414, and this chapter. All documents presented for recording pursuant to this chapter shall comply with section 331.606B.
4. To encourage orderly community development and provide for the regulation and control of the extension of public improvements, public services, and utilities, the improvement of land, and the design of subdivisions, consistent with an approved comprehensive plan or other specific community plans, if any.
90 Acts, ch 1236, §15
C91, §409A.1
C93, §354.1
2001 Acts, ch 44, §12; 2005 Acts, ch 19, §46
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.3 - Covenant of warranty.

354.3 Covenant of warranty.
1. The duty to file for record a plat as provided in sections 354.4 and 354.6 attaches as a covenant of warranty in all conveyances by a grantor who divides land against all assessments, costs, and damages paid, lost, or incurred by a grantee or person claiming under a grantee, in consequence of the omission on the part of the grantor to file the plat. A conveyance of land is deemed to be a warranty that the description contained in the conveyance is sufficiently certain and accurate for the purposes of assessment, taxation, and entry on the transfer books and plat books required to be kept by the auditor. The description contained in a conveyance shall be sufficiently certain and accurate for assessment and taxation purposes if it provides sufficient information to allow all the boundaries to be accurately determined and does not overlap with or create a gap between adjoining land descriptions.
2. A recorded conveyance in violation of this chapter may be entered on the transfer books of the auditor’s office. The auditor shall notify the grantor and the grantee that the conveyance is in violation of this chapter and demand compliance as provided for in section 354.13.
90 Acts, ch 1236, §17
C91, §409A.3
C93, §354.3
Referred to in §354.13
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.5 - Descriptions and conveyance according to plat of survey or acquisition plat.

354.5 Descriptions and conveyance according to plat of survey or acquisition plat.
1. A conveyance of a parcel shown on a recorded plat of survey shall describe the parcel by using the description provided on the plat of survey or by reference to the plat of survey, which reference shall include all of the following:
a. The parcel letter or number designation.
b. The document reference number of the recorded plat of survey.
c. The lot number or letter and name of the official plat, if the parcel lies within an official plat.
d. The section, township, and range number and reference to the aliquot part of the section, if the parcel lies outside of an official plat.
2. A conveyance of a parcel shown on a recorded acquisition plat shall describe the parcel by using the description provided on the acquisition instrument or by reference to the acquisition plat, which reference shall include all of the following:
a. The parcel designation and reference to the project for which the right-of-way was acquired.
b. The document reference number of the recorded acquisition plat.
c. The lot number or letter and name of the official plat, if the parcel lies within an official plat.
d. The section, township, and range number and reference to the aliquot part of the section, if the parcel lies outside of an official plat.
3. A description by reference to the recorded plat of survey, in compliance with subsection 1, is valid.
4. A description by reference to the recorded acquisition plat, in compliance with subsection 2, is valid.
5. A description by reference to a permanent real estate index number is valid for the purpose of assessment and taxation under the permanent real estate index number system pursuant to section 441.29.
90 Acts, ch 1236, §19
C91, §409A.5
91 Acts, ch 191, §16
C93, §354.5
2001 Acts, ch 44, §13, 14; 2005 Acts, ch 19, §48
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.7 - Conveyances by reference to official plat.

354.7 Conveyances by reference to official plat.
A description of land by reference to lot number or letter designation and block, if block designations are shown on the plat, and the title or name of the official plat, is valid.
90 Acts, ch 1236, §21
C91, §409A.7
C93, §354.7