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 in which the land is located, in the manner and form prescribed in chapter 6B with reference to appeals from condemnation, and the proceedings shall thereafter conform to the applicable provisions of that chapter. If, in the opinion of the agency, the damages as finally determined on appeal are excessive, the agency may rescind its order vacating and closing the road, part thereof, or crossing, and the right-of-way shall remain under the jurisdiction of the agency. If the order is rescinded at any time after an appeal is taken, the agency shall pay reasonable attorney fees incurred by the claimant as taxed by the court.
[R60, §873; C73, §959; C97, §1513; C24, 27, §4597; C31, 35, §4597, 4755-d8; C39, §4597, 4755.43; C46, 50, §306.38, 313.52; C54, 58, 62, 66, §306.11; C71, 73, 75, 77, 79, 81, §306.17]
2003 Acts, ch 44, §114
Referred to in §306.16, 306A.6
Structure Iowa Code
Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS
Section 306.1 - Roads and streets.
Section 306.3 - Definitions used throughout Code.
Section 306.4 - Jurisdiction of systems.
Section 306.5 - Continuity of farm-to-market road system in municipalities, parks, and institutions.
Section 306.6 - Farm-to-market review board.
Section 306.6A - Farm-to-market road system modifications.
Section 306.7 - Functions changed or new roads added.
Section 306.8 - Transfer of jurisdiction.
Section 306.8A - Transfer of roads identified in report.
Section 306.9 - Diagonal roads — restoring and improving existing roads.
Section 306.10 - Power to establish, alter, or vacate.
Section 306.11 - Hearing — place — date.
Section 306.12 - Notice — service.
Section 306.13 - Notice — requirements.
Section 306.14 - Objections — claims for damages.
Section 306.15 - Purchase and sale of property.
Section 306.18 - Establishment.
Section 306.19 - Right-of-way — access — notice.
Section 306.21 - Plans, plats and field notes filed.
Section 306.22 - Sale of unused right-of-way.
Section 306.23 - Notice — preference of sale.
Section 306.25 - Execution of conveyance.
Section 306.26 - Payment of damages and right-of-way cost — proceeds of sale.
Section 306.27 - Changes for safety, economy, and utility.
Section 306.30 - Service of notice.
Section 306.32 - Hearing — adjournment.
Section 306.33 - Hearing on objections.
Section 306.34 - Hearing on claims for damages.
Section 306.36 - Damages on appeal — rescission of order.
Section 306.37 - Tender of damages.
Section 306.38 - Rental of acquired property pending use.
Section 306.39 - Flooding highways — federal water resources projects.
Section 306.40 - Easements conveyed.
Section 306.41 - Temporary closing for construction.
Section 306.42 - Transfer of rights-of-way.
Section 306.43 - Jurisdictional transfer limits.
Section 306.44 - Study of road systems.
Section 306.45 - Easements on highway rights-of-way.
Section 306.46 - Public utility facilities — public road rights-of-way.
Section 306.47 - Utility facilities relocation policy.
Section 306.50 - Construction program notice.
Section 306.51 - Soil erosion impact.
Section 306.52 - Review of plans.
Section 306.53 - Submission of recommendations — contribution to cost.