306A.5 Acquisition of property and property rights.
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 and control over the highways of this state by adverse possession or prescriptive right. 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.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §306A.5]
89 Acts, ch 83, §39; 2018 Acts, ch 1041, §77
Structure Iowa Code
Chapter 306A - CONTROLLED-ACCESS HIGHWAYS
Section 306A.1 - Declaration of policy.
Section 306A.2 - Definition of a controlled-access facility.
Section 306A.3 - Authority to establish controlled-access facilities — utility accommodation policy.
Section 306A.4 - Design of controlled-access facility.
Section 306A.5 - Acquisition of property and property rights.
Section 306A.6 - New and existing facilities — grade-crossing eliminations.
Section 306A.7 - Authority of local units to consent.
Section 306A.8 - Local service roads.
Section 306A.10 - Notice to relocate — costs paid.
Section 306A.11 - What costs included.