§ 306A.5 — Acquisition of property and property rights

Iowa § 306A.5

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 306A: CONTROLLED-ACCESS HIGHWAYS

Text

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
andcontroloverthehighwaysofthisstatebyadversepossessionorprescriptiveright. 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.

Legislative History

[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.5]