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Home » US Law » 2022 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 […]

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 […]

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 […]

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, […]

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, […]

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 […]

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 […]

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 […]

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, […]

Section 306.19 – Right-of-way — access — notice.

306.19 Right-of-way — access — notice. 1. In the maintenance, relocation, establishment, or improvement of any road, including the extension of such road within cities, the agency having jurisdiction and control of such road shall have authority to purchase or to institute and maintain proceedings for the condemnation of the necessary right-of-way therefor. Such agency […]

Section 306.2 – Definitions.

306.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Agency” means any governmental body which exercises jurisdiction over any road as provided in section 306.4. 2. “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 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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]