§ 318.5 — Removal and cost

Iowa § 318.5

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 318: OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY

Text

1. An obstruction in a highway right-of-way which constitutes an immediate and
dangerous hazard shall, without notice or liability in damages, be removed by the highway
authority.
2. An obstruction not constituting an immediate and dangerous hazard shall be removed
by the highway authority without liability after forty-eight-hour notice served in the same
manner in which an original notice is served, or in writing by certified mail, or in any other
manner reasonably calculated to apprise the person responsible for the obstruction that the
obstruction will be removed at the person’s expense. The highway authority shall assess the
removal cost.
3. Upon removal of the obstruction, the highway authority may immediately send a
statement of the cost to the person responsible for the obstruction. If within ten days
after sending the statement the cost is not paid, the highway authority may institute legal
proceedings to collect the cost of removal. The removal costs shall be assessed against the
following persons, as applicable:
a. The vehicle owner in the case of an abandoned vehicle.
b. The abutting property owner in the case of a fence, other than a right-of-way line fence,
orothertemporaryobstructionplacedwithinthehighwayright-of-waybytheownerortenant
of the abutting property.
c. The owner or person responsible for placement of any other obstruction.
4. All removals shall be without liability on the part of any officer ordering or effecting
such removal.