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, […]
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 […]
306.3 Definitions used throughout Code. As used in this chapter or in any chapter of the Code relating to highways, except as otherwise specified: 1. “Area service” or “area service system” means those secondary roads that are not part of the farm-to-market road system. 2. “County conservation parkways” or “county conservation parkway system” means those […]
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 […]
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 […]
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 […]
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, […]
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, […]
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] […]
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, […]
306.37 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 […]
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. […]
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 […]
306.4 Jurisdiction of systems. The jurisdiction and control over the roads and streets of the state are vested as follows: 1. Jurisdiction and control over the primary roads shall be vested in the department. 2. Jurisdiction and control over the secondary roads shall be vested in the county board of supervisors of the respective counties. […]
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 […]
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 […]
306.42 Transfer of rights-of-way. 1. This section is intended to vest all documents of title in road right-of-way in the jurisdiction responsible for the road. This section establishes a simple method to transfer road rights-of-way by quitclaim deed and to authorize the use of available descriptions, plats, maps or engineering drawings to effect such transfers […]
306.43 Jurisdictional transfer limits. Repealed by 98 Acts, ch 1075, §17.
306.44 Study of road systems. Transfers not executed as of April 1, 1981, shall be void unless mutually agreed upon by the parties involved. The department shall conduct a study to determine the size of the primary road systems, and the department in conjunction with the county boards of supervisors or the supervisors’ designee shall […]
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 […]
