reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.9 - Diagonal roads — restoring and improving existing roads.

306.9 Diagonal roads — restoring and improving existing roads.
1. It is the policy of the state of Iowa that relocation of primary highways through cultivated land shall be avoided to the maximum extent possible. When the volume of traffic for which the road is designed or other conditions, including designation as part of the network of commercial and industrial highways, require relocation, diagonal routes shall be avoided if feasible and prudent alternatives consistent with efficient movement of traffic exist.
2. The improvement of two-lane roads shall utilize the existing right-of-way unless alignment or other conditions, including designation as part of the network of commercial and industrial highways, make changes imperative, and when a two-lane road is expanded to a four-lane road, the normal procedure shall be that the additional right-of-way be contiguous to the existing right-of-way unless relocated for compelling reasons, including the need to provide efficient movement of traffic on the network of commercial and industrial highways. This policy does not apply to a highway project for which the corridor has been approved by the state department of transportation and the corridor has been finalized by September 1, 1977.
3. It is the policy of the state of Iowa that in constructing primary highways designed with four-lane divided roadways, access controls shall be limited to the minimum level necessary, as determined by the department, to ensure the safe and efficient movement of traffic or to comply with federal aid requirements.
4. Unless otherwise required by the federal law or regulation, it is also the policy of this state that road use tax fund moneys shall be used to rehabilitate or reconstruct existing roads, streets, and bridges using substantially existing right-of-way. This subsection does not apply where additional right-of-way is needed for the construction or completion of designated interstate or city routes and highway bypasses or highways designated as part of the network of commercial and industrial highways.
[C79, 81, §306.9; 81 Acts 2d Ex, ch 2, §1]
83 Acts, ch 198, §14; 89 Acts, ch 134, §2; 98 Acts, ch 1075, §6; 2017 Acts, ch 54, §45
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.10 - Power to establish, alter, or vacate.

306.10 Power to establish, alter, or vacate.
In the construction, improvement, operation or maintenance of any highway, or highway system, the agency which has control and jurisdiction over such highway or highway system, shall have power, on its own motion, to alter or vacate and close any such highway or railroad crossing thereon, and to establish new highways or railroad crossing thereon which are or are intended to become a part of the highway system over which said agency has jurisdiction and control.
[C73, §937, 954; C97, §1496, 1509; S13, §1509; C24, §4577, 4593, 4732; C27, 31, §4577, 4593, 4755-b27, 4755-d2; C35, §4577, 4593, 4631-e1, 4755-b27, 4755-d2; C39, §4577, 4593, 4631.1, 4755.23, 4755.37; C46, 50, §306.18, 306.34, 308.2, 313.25, 313.46; C54, 58, 62, 66, §306.4; C71, 73, 75, 77, 79, 81, §306.10]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.11 - Hearing — place — date.

306.11 Hearing — place — date.
In proceeding to the vacation and closing of a road, part thereof, or railroad crossing, the agency in control of the road, or road system, shall fix a date for a hearing on the vacation and closing in the county where the road, or part thereof, or crossing, is located, and if located in more than one county, then in a county in which any part of the road or crossing is located. If the road to be vacated or changed is a secondary road located in more than one county, the boards of supervisors of the counties, acting jointly, shall fix a date for a hearing on the vacation or change in either or any of the counties where the road, or part thereof, is located. If the proposed vacation is of part of a road right-of-way held by easement and will not change the existing traveled portion of the road or deny access to the road by adjoining landowners, a hearing is not required.
[C31, 35, §4755-d2, 4755-d3; C39, §4755.37, 4755.38; C46, 50, §313.46, 313.47; C54, 58, 62, 66, §306.5; C71, 73, 75, 77, 79, 81, §306.11]
2000 Acts, ch 1074, §1; 2000 Acts, ch 1232, §65
Referred to in §306.12, 306.13, 306A.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.12 - Notice — service.

306.12 Notice — service.
Notice of the hearing under section 306.11 shall be published in a newspaper of general circulation in the county or counties where the road is located, not less than four nor more than twenty days prior to the date of hearing. The agency which is holding the hearing shall notify all adjoining property owners, all utility companies whose facilities adjoin the road right-of-way or are on the road right-of-way, and the department, boards of supervisors, or agency in control of affected state lands, of the time and place of the hearing, by certified mail.
[SS15, §1527-r7; C24, 27, §4621; C31, 35, §4621, 4755-d4; C39, §4621, 4755.39; C46, 50, §306.62, 313.48; C54, 58, 62, 66, §306.6; C71, 73, 75, 77, 79, 81, §306.12]
92 Acts, ch 1049, §1; 94 Acts, ch 1013, §1; 95 Acts, ch 54, §1; 2000 Acts, ch 1074, §2
Referred to in §306A.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.13 - Notice — requirements.

306.13 Notice — requirements.
The notice of the hearing under section 306.11 shall state the time and place of such hearing, the location of the particular road, or part thereof, or crossing, the vacation and closing of which is to be considered, and such other data as may be deemed pertinent.
[C31, 35, §4755-d5; C39, §4755.40; C46, 50, §313.49; C54, 58, 62, 66, §306.7; C71, 73, 75, 77, 79, 81, §306.13]
2020 Acts, ch 1063, §131
Referred to in §306A.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.14 - Objections — claims for damages.

306.14 Objections — claims for damages.
The department, the board of supervisors, or the agency in control of affected state lands and any interested person, may appear and be heard at the hearing. Any person owning land abutting on a road proposed to be vacated and closed, shall have the right to file, in writing, a claim for damages at any time on or before the date fixed for hearing. However, for purposes of this chapter, if an occupied homestead is not located on the abutting land and if the vacating and closing of the road will not landlock the abutting land, a person shall not have a right to claim damages.
[C31, 35, §4755-d6; C39, §4755.41; C46, 50, §313.50; C54, 58, 62, 66, §306.8; C71, 73, 75, 77, 79, 81, §306.14]
94 Acts, ch 1013, §2
Referred to in §306A.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.15 - Purchase and sale of property.

306.15 Purchase and sale of property.
If as to any one or more properties affected by the proposed vacation and closing of a secondary road, it appears to the board of supervisors to be in the interest of economy or public welfare, the board may purchase or condemn, by proceeding as this chapter provides, the entire properties, and make payment for them. After the road has been vacated and closed the board shall sell the properties at the best attainable price.
[C31, 35, §4755-d7; C39, §4755.42; C46, 50, §313.51; C54, 58, 62, 66, §306.9; C71, 73, 75, 77, 79, 81, §306.15]
83 Acts, ch 123, §107, 209
Referred to in §306A.6, 331.429
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.16 - Final order.

306.16 Final order.
After the hearing, the agency which instituted the proceedings and conducted the hearing shall enter an order either dismissing the proceedings, or vacating and closing the road, part thereof, or crossing, in which event it shall determine and state in the order the amount of the damages allowed to each claimant. The order thus entered shall be final except as to the amount of the damages unless the order is rescinded as provided in section 306.17. A copy of the order shall be filed with the county auditor of the county or counties in which the road, part thereof, or crossing, is located and with the department and the agency in control of any affected state land.
[C31, 35, §4755-d7; C39, §4755.42; C46, 50, §313.51; C54, 58, 62, 66, §306.10; C71, 73, 75, 77, 79, 81, §306.16]
Referred to in §306A.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.17 - Appeal.

306.17 Appeal.
Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, any claimant for damages may, by serving, within twenty days after the order has been issued, a written notice upon the agency which instituted and conducted the proceedings, appeal as to the amount of damages, to the district court of the county in which the land is located, in the manner and form prescribed in chapter 6B with reference to appeals from condemnation, and the proceedings shall thereafter conform to the applicable provisions of that chapter. If, in the opinion of the agency, the damages as finally determined on appeal are excessive, the agency may rescind its order vacating and closing the road, part thereof, or crossing, and the right-of-way shall remain under the jurisdiction of the agency. If the order is rescinded at any time after an appeal is taken, the agency shall pay reasonable attorney fees incurred by the claimant as taxed by the court.
[R60, §873; C73, §959; C97, §1513; C24, 27, §4597; C31, 35, §4597, 4755-d8; C39, §4597, 4755.43; C46, 50, §306.38, 313.52; C54, 58, 62, 66, §306.11; C71, 73, 75, 77, 79, 81, §306.17]
2003 Acts, ch 44, §114
Referred to in §306.16, 306A.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.18 - Establishment.

306.18 Establishment.
In the establishment of any road, the agency in control of such road or road system need not cause a hearing to be held thereon or notice to be published thereof, but may do so.
[C51, §535, 536; R60, §840, 841; C73, §934; C97, §1493; C24, 27, 31, 35, 39, §4573; C46, 50, §306.14; C54, 58, 62, 66, §306.12; C71, 73, 75, 77, 79, 81, §306.18]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.20 - Cemeteries.

306.20 Cemeteries.
No road shall be established through any cemetery or burying ground without the consent of all the parties affected by the same.
[C51, §525; R60, §830; C73, §925; C97, §1487; SS15, §1527-r4; C24, §4566, 4732; C27, 31, 35, §4566, 4755-b27; C39, §4566, 4755.23; C46, 50, §306.7, 313.25; C54, 58, 62, 66, §306.14; C71, 73, 75, 77, 79, 81, §306.20]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.21 - Plans, plats and field notes filed.

306.21 Plans, plats and field notes filed.
All road plans, plats and field notes and true and accurate diagrams of water, sewage and electric power lines for rural subdivisions shall be filed with and approved by the board of supervisors and the county engineer before the subdivision is laid out or recorded. Such plans shall be clearly designated as “completed”, “partially completed” or “proposed” with a statement of the portion completed and the expected date of full completion. If such road plans are not approved as provided in this section such roads shall not become the part of any road system as defined in this chapter.
[C51, §533, 550; R60, §838, 855; C73, §933, 949; C97, §1492, 1504; C24, 27, §4571, 4589; C31, 35, §4571, 4589, 4755-c1; C39, §4571, 4589, 4619, 4686.24, 4755.24; C46, 50, §306.12, 306.30, 306.60, 310.24, 313.26; C54, 58, 62, 66, §306.15; C71, 73, 75, 77, 79, 81, §306.21]
90 Acts, ch 1236, §43
Referred to in §331.502, 543C.1, 714.16
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.22 - Sale of unused right-of-way.

306.22 Sale of unused right-of-way.
1. When title to any tract of land has been or may be acquired for the construction or improvement of any highway, and when in the judgment of the agency in control of the highway, the tract will not be used in connection with or for the improvement, maintenance, or use of the highway, the agency in control of the highway may sell the tract for cash.
2. The department may contract for the sale of any tract of land subject to the following terms and conditions:
a. The discounted present market value of the contract offer, including the cash down payment, shall exceed one hundred ten percent of the highest cash offer submitted for the tract if a cash offer is received. The discount rate shall be the rate of interest stated in the contract.
b. The cash down payment shall be equal to or in excess of five percent of the total purchase price.
c. The term of the contract shall not exceed ten years.
d. The rate of interest stated in the contract shall not be less than the prevailing rate of interest charged on contract land sales by sellers in the county or general area in which the tract of land is located.
e. The department shall advertise for cash bids and contract offers before accepting a contract offer.
f. The appraised value of property sold under a land contract sale shall be at least five thousand dollars.
g. Any tract of land sold on contract shall be listed on the tax rolls by and taxed to the contract purchaser, as provided in chapters 428 and 443; assessed and valued as provided in chapter 441; taxes levied as provided in chapter 444; collected as provided in chapter 445; and subject to tax sale, redemption, and apportionment of taxes as provided in chapters 446 through 449. The contract purchaser shall discharge and pay all taxes.
3. If any tract of land is sold, the sale shall be subject to the right of a utility association, company, or corporation to continue in possession of a right-of-way in use at the time of the sale.
[C35, §4755-f1; C39, §4755.44; C46, 50, §313.53; C54, 58, 62, 66, §306.16; C71, 73, 75, 77, 79, 81, §306.22]
86 Acts, ch 1245, §1987; 92 Acts, ch 1163, §71; 2010 Acts, ch 1061, §180; 2021 Acts, ch 80, §158
Referred to in §306.42
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.23 - Notice — preference of sale.

306.23 Notice — preference of sale.
1. The agency in control of a tract, parcel, or piece of land, or part thereof, which is unused right-of-way shall send by certified mail to the last known address of the present owner of adjacent land from which the tract, parcel, piece of land, or part thereof, was originally purchased or condemned for highway purposes, and to the person who owned the land at the time it was purchased or condemned for highway purposes, notice of the agency’s intent to sell the land, the name and address of any other person to whom a notice was sent, and the fair market value of the real property based upon an appraisal by an independent appraiser.
2. The notice shall give an opportunity to the present owner of adjacent property and to the person who owned the land at the time it was purchased or condemned for highway purposes to be heard and make offers within sixty days of the date the notice is mailed for the tract, parcel, or piece of land to be sold. An offer which equals or exceeds in amount any other offer received and which equals or exceeds the fair market value of the property shall be given preference by the agency in control of the land. If no offers are received within sixty days or if no offer equals or exceeds the fair market value of the land, the agency shall transfer the land for a public purpose or proceed with the sale of the property.
3. For the purposes of this section, “public purpose” means the transfer to a state agency or a city, county, or other political subdivision for a public purpose.
[C35, §4755-f2; C39, §4755.45; C46, 50, §313.54; C54, 58, 62, 66, §306.17; C71, 73, 75, 77, 79, 81, §306.23; 81 Acts, ch 98, §1; 82 Acts, ch 1104, §7]
87 Acts, ch 35, §1; 97 Acts, ch 149, §2, 3
Referred to in §331.361
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.24 - Conditions.

306.24 Conditions.
Any sale of land as authorized in this chapter shall be upon the conditions that the tract, parcel, or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway by the public, or to endanger public safety in the use of the highway, or to the material damage of the adjacent owner.
[C35, §4755-f3; C39, §4755.46; C46, 50, §313.55; C54, 58, 62, 66, §306.18; C71, 73, 75, 77, 79, 81, §306.24]
2020 Acts, ch 1063, §132
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.25 - Execution of conveyance.

306.25 Execution of conveyance.
If a sale of land in connection with a primary road, state park road, or institutional road has been authorized as provided in this chapter, written conveyances containing the conditions as prescribed by the controlling state agency shall be made in the name of the state and signed by the governor and secretary of state, with the great seal of the state of Iowa attached. If a sale of land in connection with a secondary road has been authorized by the board of supervisors as provided in this chapter, written conveyances containing the provisions prescribed by the board of supervisors shall be made in the name of the county and signed by the chairperson of the board of supervisors and the county auditor.
[C35, §4755-f4; C39, §4755.47; C46, 50, §313.56; C54, 58, 62, 66, §306.19; C71, 73, 75, 77, 79, 81, §306.25]
92 Acts, ch 1163, §72
Referred to in §331.502
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.26 - Payment of damages and right-of-way cost — proceeds of sale.

306.26 Payment of damages and right-of-way cost — proceeds of sale.
Damages allowed on account of the vacation of any highway and costs incident thereto, right-of-way or land purchased or condemned for or on account of any highway and costs incident thereto, and the funds received from the sale or rental of any highway right-of-way or land, shall be paid from or credited to, as the case may be, the road fund or funds applicable to said highway or highway system.
[C51, §546; R60, §851; C73, §946; C97, §1501; C24, 27, §4586; C31, 35, §4586, 4755-d8, -f5; C39, §4586, 4755.43, 4755.48; C46, 50, §306.27, 313.52, 313.57; C54, 58, 62, 66, §306.20; C71, 73, 75, 77, 79, 81, §306.26]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.27 - Changes for safety, economy, and utility.

306.27 Changes for safety, economy, and utility.
The state department of transportation as to primary roads and the boards of supervisors as to secondary roads on their own motion may change the course of any part of any road or stream, watercourse, or dry run and may pond water in order to avoid the construction and maintenance of bridges, or to avoid grades, or railroad crossings, or to straighten a road, or to cut off dangerous corners, turns, or intersections on the highway, or to widen a road above statutory width, or for the purpose of preventing the encroachment of a stream, watercourse, or dry run upon the highway. The department and the board of supervisors shall conduct their proceedings in the manner and form prescribed in chapter 6B, except that the board of supervisors may use the form prescribed in sections 306.28 through 306.37 for the condemnation of right-of-way that is contiguous to existing road right-of-way and necessary for the maintenance, safety improvement, or upgrade of the existing secondary road. Changes are subject to chapter 455B and chapter 459, subchapters II and III.
[C97, §427; SS15, §1527-r1; C24, 27, 31, 35, 39, §4607; C46, 50, §306.48; C54, 58, 62, 66, §306.21; C71, 73, 75, 77, 79, 81, §306.27]
83 Acts, ch 101, §66; 87 Acts, ch 61, §1; 99 Acts, ch 171, §28, 42; 2021 Acts, ch 80, §159
Referred to in §331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.28 - Appraisers.

306.28 Appraisers.
If the board is unable, by agreement with the owner, to acquire the necessary right-of-way to effect such change, a compensation commission shall be selected pursuant to section 6B.4, to appraise the damages consequent on the taking of the right-of-way.
[SS15, §1527-r1, -r2; C24, 27, 31, 35, 39, §4610; C46, 50, §306.51; C54, 58, 62, 66, §306.22; C71, 73, 75, 77, 79, 81, §306.28]
99 Acts, ch 171, §29, 42
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.29 - Notice.

306.29 Notice.
The county auditor shall cause the following notice to be served on the individual owner of each tract or parcel of land to be taken for such right-of-way, as shown by the transfer books in the office of such county auditor, and upon each person owning or holding a mortgage, or lease, upon such land as shown by the county records, and upon the actual occupant of such land if other than the owner thereof:
To whom it may concern: Notice is given that the board of supervisors of ........................ county, Iowa, propose to condemn for road purposes the following described real estate in said county: (Here describe the right-of-way, and the tract or tracts from which such right-of-way will be taken.) The damages caused by said condemnation will be assessed by a compensation commission appointed as provided by law for the purpose of appraising the damages. All parties interested are further notified that the compensation commission will, when duly appointed, proceed to appraise the damages, will report the appraisement to the board of supervisors and that the board will pass thereon as provided by law, and that at all such times and places you may be present. You are further notified that at the hearing before the supervisors you may file objections to the use of the land for road purposes and that all such objections not so made will be deemed waived.
....................................
County Auditor.
[SS15, §1527-r2, -r3, -r6; C24, 27, 31, 35, 39, §4611; C46, 50, §306.52; C54, 58, 62, 66, §306.23; C71, 73, 75, 77, 79, 81, §306.29]
99 Acts, ch 171, §30, 42
Referred to in §306.19, 306.27, 331.304, 331.502
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.30 - Service of notice.

306.30 Service of notice.
1. Owners, occupants, and mortgagees of record who are residents of the county shall be personally served in the manner in which and for the time original notices in the district court are required to be served.
2. Owners and mortgagees of record who do not reside in the county and owners and mortgagees of record who do reside in the county when the officer returns that they cannot be found in the county, shall be served by publishing the notice as provided in section 331.305 and also by mailing by certified mail a copy of the notice to the owner and mortgagee of record addressed to the owner’s and mortgagee of record’s last known address, and the county auditor shall furnish to the board of supervisors the county auditor’s affidavit that the notice has been sent, which affidavit shall be conclusive evidence of the mailing of the notice.
3. Personal service outside the county but within the state shall take the place of service by publication.
4. No service need be had on one who has exercised the right to select an appraiser.
[SS15, §1527-r2, -r3; C24, 27, 31, 35, 39, §4612; C46, 50, §306.53; C54, 58, 62, 66, §306.24; C71, 73, 75, 77, 79, 81, §306.30]
87 Acts, ch 43, §7; 2017 Acts, ch 54, §76
Referred to in §306.19, 306.27, 331.304, 331.502
Time and manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.31 - Assessment.

306.31 Assessment.
The appraisers shall forthwith proceed to the assessment of damages and shall make written report of the damages to the board of supervisors.
[SS15, §1527-r2; C24, 27, 31, 35, 39, §4613; C46, 50, §306.54; C54, 58, 62, 66, §306.25; C71, 73, 75, 77, 79, 81, §306.31]
99 Acts, ch 171, §31, 42
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.32 - Hearing — adjournment.

306.32 Hearing — adjournment.
The board shall proceed to a hearing on the objections or assessment of damages of any owner, mortgagee of record, and the actual occupant of such land if any of whom it has acquired jurisdiction, or if there be owners, mortgagee of record, and the actual occupant of such land if any over whom jurisdiction has not been acquired, the board may adjourn such hearing until a date when jurisdiction will be complete as to all owners.
[SS15, §1527-r3; C24, 27, 31, 35, 39, §4614; C46, 50, §306.55; C54, 58, 62, 66, §306.26; C71, 73, 75, 77, 79, 81, §306.32]
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.33 - Hearing on objections.

306.33 Hearing on objections.
The board shall, at the final hearing, first pass on the objections to the proposed change. If objections be sustained the proceedings shall be dismissed unless the board finds that the objections may be avoided by a change of plans, and to this end an adjournment may be ordered, if necessary, in order to secure service on additional parties.
[SS15, §1527-r3; C24, 27, 31, 35, 39, §4615; C46, 50, §306.56; C54, 58, 62, 66, §306.27; C71, 73, 75, 77, 79, 81, §306.33]
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.34 - Hearing on claims for damages.

306.34 Hearing on claims for damages.
When objections to the proposed change are overruled, the board shall proceed to determine the damages to be awarded to each claimant. If the damages finally awarded are, in the opinion of the board, excessive, the proceedings shall be dismissed; if not excessive, the board may, by proper order, establish such proposed change.
[SS15, §1527-r3; C24, 27, 31, 35, 39, §4616; C46, 50, §306.57; C54, 58, 62, 66, §306.28; C71, 73, 75, 77, 79, 81, §306.34]
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.35 - Appeals.

306.35 Appeals.
Claimants for damages may appeal to the district court from the award of damages in the manner and time for taking appeals from the orders establishing highways generally.
[C97, §428; SS15, §1527-r3; C24, 27, 31, 35, 39, §4617; C46, 50, §306.58; C54, 58, 62, 66, §306.29; C71, 73, 75, 77, 79, 81, §306.35]
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.36 - Damages on appeal — rescission of order.

306.36 Damages on appeal — rescission of order.
If the damages as finally determined on appeal be, in the opinion of the board, excessive, the board may rescind its order establishing such change.
[SS15, §1527-r3; C24, 27, 31, 35, 39, §4618; C46, 50, §306.59; C54, 58, 62, 66, §306.30; C71, 73, 75, 77, 79, 81, §306.36]
Referred to in §306.19, 306.27, 331.304
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.37 - Tender of damages.

306.37 Tender of damages.
No appeal from an award of damages shall delay the prosecution of the work when the amount of the award is tendered in writing to the claimant and such tender is kept good. An order to the auditor to issue warrants to claimants for damages shall constitute a valid tender, if funds are available to promptly meet such warrants. Acceptance of the amount of such tender bars an appeal. Should possession of the condemned premises be taken pending appeal and the final award be not paid, the county shall be liable for all damages caused during such possession.
[SS15, §1527-r3; C24, 27, 31, 35, 39, §4620; C46, 50, §306.61; C54, 58, 62, 66, §306.31; C71, 73, 75, 77, 79, 81, §306.37]
Referred to in §306.19, 306.27, 331.304, 331.502
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.38 - Rental of acquired property pending use.

306.38 Rental of acquired property pending use.
In the event that land acquired for improvement of any highway is not immediately needed for such improvement, the agency in control of said highway may rent such land or buildings thereon to responsible persons for a cash rental consistent with the fair market value of similar property. The said agency may employ a local real estate firm for management and collection of rentals or may do so directly through its own personnel. The commission or service charge of such real estate company shall be paid out of such rentals.
[C62, 66, §306.32; C71, 73, 75, 77, 79, 81, §306.38]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.39 - Flooding highways — federal water resources projects.

306.39 Flooding highways — federal water resources projects.
The agency which has control and jurisdiction over any highway or highway system which may be affected by a federal water resources project may grant, sell, exchange, or convey to the United States of America, the perpetual right, power, privilege and easement to overflow, flood, and submerge all of the portion of easements for highway purposes under the control and jurisdiction of such agency.
[C66, §306.33; C71, 73, 75, 77, 79, 81, §306.39]
Referred to in §306.40
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.40 - Easements conveyed.

306.40 Easements conveyed.
If an easement authorized under section 306.39 is conveyed in connection with a primary road, state park road, or institutional road, written conveyances containing the conditions as prescribed by the controlling state agency shall be made in the name of the state and signed by the governor and secretary of state, with the seal of the state of Iowa attached. If the easement is conveyed in connection with a secondary road, written conveyances containing the provisions prescribed by the board of supervisors shall be made in the name of the county and signed by the chairperson of the board and the county auditor.
[C66, §306.34; C71, 73, 75, 77, 79, 81, §306.40]
92 Acts, ch 1163, §73
Referred to in §331.502
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.41 - Temporary closing for construction.

306.41 Temporary closing for construction.
1. The agency having jurisdiction and control over any highway in the state, or the chief engineer of the agency when delegated by such agency, may temporarily close sections of a highway by formal resolution entered upon the minutes of such agency when reasonably necessary because of construction, reconstruction, maintenance or natural disaster and shall cause to be erected “road closed” signs and partial or total barricades in the roadway at each end of the closed highway section and on the closed highway where that highway is intersected by other highways if such intersection remains open. Any numbered road closed for over forty-eight hours shall have a designated detour route. The agency having jurisdiction over a section of highway closed in accordance with the provisions of this section, or the persons or contractors employed to carry out the construction, reconstruction, or maintenance of the closed section of highway, shall not be liable for any damages to any vehicle that enters the closed section of highway or the contents of such vehicle or for any injuries to any person that enters the closed section of highway, unless the damages are caused by gross negligence of the agency or contractor.
2. Nothing in this section shall be construed to prohibit or deny any person from gaining lawful access to the person’s property or residence, nor shall it change or limit liability to such persons.
[C71, 73, 75, 77, 79, 81, §306.41]
2018 Acts, ch 1041, §76
Referred to in §321I.10
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.45 - Easements on highway rights-of-way.

306.45 Easements on highway rights-of-way.
The department may grant easements across land under its jurisdiction if the department determines that the easement will not adversely affect the construction and maintenance of the highway system. Written conveyances containing any easement conditions prescribed by the department shall be made in the name of the state and signed by the governor and the secretary of state, with the seal of the state of Iowa affixed.
98 Acts, ch 1075, §18
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.46 - Public utility facilities — public road rights-of-way.

306.46 Public utility facilities — public road rights-of-way.
1. A public utility may construct, operate, repair, or maintain its utility facilities within a public road right-of-way. The location of new utility facilities shall comply with section 318.9. A utility facility shall not be constructed or installed in a manner that causes interference with public use of the road.
2. For purposes of this section, “public utility” means a public utility as defined in section 476.1, and shall also include waterworks, municipally owned waterworks, joint water utilities, rural water districts incorporated under chapter 357A or chapter 504, cooperative water associations, and electric transmission owners as defined in section 476.27 primarily providing service to public utilities as defined in section 476.1. For the purposes of this section, “utility facilities” means any cables, conduits, wire, pipe, casing pipe, supporting poles, guys, and other material and equipment utilized for the furnishing of electric, gas, communications, water, or sewer service.
3. This section shall not impair or interfere with a city’s authority to grant, amend, extend, or renew a franchise as provided in section 364.2, and shall not impair or interfere with a city’s existing general police powers to control the use of its right-of-way.
2004 Acts, ch 1014, §1, 2; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §332, 346; 2005 Acts, ch 3, §61; 2006 Acts, ch 1097, §14; 2016 Acts, ch 1006, §1
Referred to in §8C.7A
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.47 - Utility facilities relocation policy.

306.47 Utility facilities relocation policy.
1. It is the policy of the general assembly that a proactive, cooperative coordination between the department, local governments, private and public utility companies, and other affected parties is the most effective way to minimize costs, eliminate the need for utilities to relocate facilities, limit disruption of utility services related to federal, state, or local highway construction projects, and limit the potential need for relocation of utility facilities.
2. All potentially affected parties shall be invited to participate in development meetings at the design phase of a highway construction project to review plans, understand goals and objectives of the proposed project, and discuss options that would limit the impact of the construction on utility facilities and thereby minimize or even eliminate costs associated with utility facility relocation. All jurisdictions and other interested parties shall cooperate to discuss strategies and policies to utilize the Iowa one call system in the development of a highway construction project. Failure of the affected parties to respond or participate during the design phase shall not in any way affect the ability of the federal, state, or local agency to proceed with design and construction.
2008 Acts, ch 1124, §1
Referred to in §8C.7A
Iowa one call system, see chapter 480
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.50 - Construction program notice.

306.50 Construction program notice.
The appropriate highway authority shall provide copies of its annual construction program to the soil and water conservation district commissioners’ office in each county. The soil and water conservation district commissioners’ office shall review the construction program submitted by each highway authority to determine those projects which may impact upon soil erosion and water diversion or retention.
85 Acts, ch 106, §2; 87 Acts, ch 23, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.51 - Soil erosion impact.

306.51 Soil erosion impact.
The soil and water conservation district commissioners shall, within thirty days after receipt of the construction program, notify the appropriate highway authority of the projects which will impact upon soil erosion and water drainage and request that the appropriate highway authority notify them of the date, time, and place for holding the design hearing on preliminary plans.
85 Acts, ch 106, §3; 87 Acts, ch 23, §8
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.52 - Review of plans.

306.52 Review of plans.
Upon examining the preliminary plans on a road project, the soil and water conservation district commissioners may review each road project for which a drainage structure is required. The soil and water conservation commissioners shall ascertain whether or not the proposed erosion control or runoff control structure is suitable to reduce the velocity of runoff, reduce gully erosion, or provide for sedimentation or other improvement that would enhance soil conservation. The soil and water conservation commissioners shall also ascertain whether any other aspect of the road construction will affect soil and water conservation.
85 Acts, ch 106, §4; 87 Acts, ch 23, §9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.53 - Submission of recommendations — contribution to cost.

306.53 Submission of recommendations — contribution to cost.
1. The soil and water conservation district commissioners shall submit their findings and recommendations to the appropriate highway authority not later than twenty days following examination of the construction plans.
2. The appropriate highway authority shall respond to the soil and water conservation district commissioners and indicate its agreement to the suggested installation or its rejection of the proposal.
3. Where feasible and cost-sharing funds are available, the soil and water conservation district may contribute in part or in its entirety to any additional cost for the erosion control structure.
85 Acts, ch 106, §5; 87 Acts, ch 23, §10; 2017 Acts, ch 54, §76
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS › Section 306.54 - Reporting.

306.54 Reporting.
If the proposal is rejected, the appropriate highway authority shall provide a written report documenting the reason for the rejection to the soil and water conservation district commissioners and the state department of transportation. The state department of transportation shall submit a written report to the general assembly not later than March 1 of each year. The report shall contain only a list of those highway projects where a disagreement exists between the department and the soil and water conservation district commissioners and the reasons for rejecting the recommendations of the soil and water conservation district commissioners. The report shall be filed with the secretary of the senate and the chief clerk of the house of representatives.
85 Acts, ch 106, §6; 87 Acts, ch 23, §11
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306A - CONTROLLED-ACCESS HIGHWAYS › Section 306A.1 - Declaration of policy.

306A.1 Declaration of policy.
The legislature hereby finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety, and for the promotion of the general welfare.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.1]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306A - CONTROLLED-ACCESS HIGHWAYS › Section 306A.2 - Definition of a controlled-access facility.

306A.2 Definition of a controlled-access facility.
For the purposes of this chapter, a controlled-access facility is defined as a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways or streets may be freeways open to use by all customary forms of street and highway traffic or they may be parkways from which trucks, buses, and other commercial vehicles shall be excluded.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.2]
Referred to in §306A.3
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306A - CONTROLLED-ACCESS HIGHWAYS › Section 306A.3 - Authority to establish controlled-access facilities — utility accommodation policy.

306A.3 Authority to establish controlled-access facilities — utility accommodation policy.
1. Cities and highway authorities having jurisdiction and control over the highways of the state, as provided by chapter 306, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, are authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use if traffic conditions, present or future, will justify special facilities; provided, that within a city such authority shall be subject to municipal consent as may be provided by law. In addition to the specific powers granted in this chapter, cities and highway authorities shall have any additional authority vested in them relative to highways or streets within their respective jurisdictions. Cities and highway authorities may regulate, restrict, or prohibit the use of controlled-access facilities by various classes of vehicles or traffic in a manner consistent with section 306A.2.
2. The state department of transportation shall adopt rules, pursuant to chapter 17A, embodying a utility accommodation policy which imposes reasonable restrictions on placements occurring on or after the effective date of the rules, on primary road rights-of-way. The rules may require utilities to give notice to the department prior to installation of a utility system on a primary road right-of-way and obtain prior permission from the department for the proposed installation. The rules shall recognize emergency situations and the need for immediate installation of service extensions subject to the standards adopted by the department and the utilities board. The rules shall be no less stringent than the standards adopted by the utilities board pursuant to chapters 478, 479, and 479B. This paragraph shall not be construed as granting the department authority which has been expressly granted to the utilities board to determine the route of utility installations. If the department requires a utility company permit, the department shall be required to act upon the permit application within thirty days of its filing. In cases of federal-aid highway projects on nonprimary highways, the local authority with jurisdiction over the highway and the department shall comply with all federal regulations and statutes regarding utility accommodation.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.3]
91 Acts, ch 147, §1; 95 Acts, ch 192, §2; 2005 Acts, ch 32, §1; 2006 Acts, ch 1010, §82
Referred to in §318.8
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306A - CONTROLLED-ACCESS HIGHWAYS › Section 306A.4 - Design of controlled-access facility.

306A.4 Design of controlled-access facility.
Cities and highway authorities having jurisdiction and control over the highways of the state, as provided by chapter 306, are authorized to so design any controlled-access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended. In this connection such cities and highway authorities are authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating such separate roadways by signs, markers, stripes, and other devices. No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at such designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.4]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 306A - CONTROLLED-ACCESS HIGHWAYS › Section 306A.5 - Acquisition of property and property rights.

306A.5 Acquisition of property and property rights.
1. For the purposes of this chapter, cities and highway authorities having jurisdiction and control over the highways of the state, as provided by chapter 306, may acquire private or public property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as such units are authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions. All property rights acquired under this chapter shall be in fee simple. In connection with the acquisition of property or property rights for a controlled-access facility or portion of, or service road in connection with a controlled-access facility, the cities and highway authorities, in their discretion, may acquire an entire lot, block, or tract of land, if by so doing the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.
2. Access rights to any highway shall not be acquired by any authority having jurisdiction and control over the highways of this state by adverse possession or prescriptive right. Action taken by any such authority shall not form the basis for any claim of adverse possession of or prescriptive right to any access rights by any such authority.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.5]
89 Acts, ch 83, §39; 2018 Acts, ch 1041, §77