Iowa § 468.118 Abandoned right-of-way

Iowa Statutes

§ 468.118 — Abandoned right-of-way

Iowa § 468.118

Title XINATURAL RESOURCES

Ch. 468LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS

This text of Iowa § 468.118 (Abandoned right-of-way) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 468.118 (2026).

Text

1.If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use the right-of-way for a purpose other than for which it was originally acquired, the prior right or privilege of the drainage district to pass through the right-of-way of the railroad or utility shall become a permanent easement in favor of the drainage district for drainage purposes including the right of ingress and egress through adjacent property and the right of access for maintenance, repair, improvement and inspection. The permanent easement has the same dimensions as originally specified in the engineer’s report and survey, or as acquired by use or as subsequently acquired.

2.If a railroad or other utility has a

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1. If a railroad or other utility has abandoned the use of its right-of-way for the purpose it
was originally acquired or has sold its right-of-way to a person who will use the right-of-way
for a purpose other than for which it was originally acquired, the prior right or privilege of
the drainage district to pass through the right-of-way of the railroad or utility shall become
a permanent easement in favor of the drainage district for drainage purposes including
the right of ingress and egress through adjacent property and the right of access for
maintenance, repair, improvement and inspection. The permanent easement has the same
dimensions as originally specified in the engineer’s report and survey, or as acquired by use
or as subsequently acquired.
2. If a railroad or other utility has abandoned the use of its right-of-way for the purpose it
was originally acquired or has sold its right-of-way to a person who will use the right-of-way
for a purpose other than for which it was originally acquired in segments, each segment shall
be assessed for benefits in the same proportion as the area of the segment bears to the area
of the right-of-way through the forty-acre tract.