313A.10 Resolution precedent to action.
Before the department shall proceed with any action to secure right-of-way or with the construction of any toll bridge under the provisions of this chapter, it shall first pass a resolution finding that public interest and necessity require the acquisition of right-of-way for and the construction of such toll bridge. Such resolution shall be conclusive evidence of the public necessity of such construction and that such property is necessary therefor. To aid the department in determining the public interest, a public hearing shall be held in the county or counties of this state in which any portion of a bridge is proposed to be located. Notice of such hearing shall be published at least once in a newspaper published and having a general circulation in the county or counties where such bridge is proposed to be located, not less than twenty days prior to the date of the hearing. When it becomes necessary for the department to condemn any real estate to be used in connection with any such bridge, or to condemn any existing bridge, such condemnation shall be carried out in a manner consistent with the provisions of chapters 6A and 6B. In eminent domain proceedings to acquire property for any of the purposes of this chapter, any bridge, real property, personal property, franchises, rights, easements, or other property or privileges appurtenant thereto appropriated or dedicated to a public use or purpose by any person, firm, private, public or municipal corporation, county, city, district or any political subdivision of the state, may be condemned and taken, and the acquisition and use thereof as herein provided for the same public use or purpose to which such property has been so appropriated or dedicated, or for any other public use or purpose, shall be deemed a superior and permanent right and necessity, and a more necessary use and purpose than the public use or purpose to which such property has already been appropriated or dedicated, and any condemnation award may be paid from the proceeds of revenue bonds issued under the provisions of this chapter.
[C71, 73, 75, 77, 79, 81, §313A.10]
Structure Iowa Code
Chapter 313A - INTERSTATE BRIDGES
Section 313A.2 - Bridge to be controlled by department.
Section 313A.3 - Toll bridges constructed over boundary rivers.
Section 313A.4 - Investigation of feasibility.
Section 313A.5 - Acquiring existing bridge — bonds.
Section 313A.6 - Rules adopted — financial statements.
Section 313A.7 - Resolution of public interest and necessity — revenue bonds.
Section 313A.8 - Right-of-way secured.
Section 313A.9 - Consent to cross state property.
Section 313A.10 - Resolution precedent to action.
Section 313A.11 - Payment from available funds.
Section 313A.12 - Revenue bonds.
Section 313A.13 - Sale and exchange or retirement of bonds.
Section 313A.14 - Proceeds in trust fund.
Section 313A.15 - Toll revenue fund.
Section 313A.16 - Funds transferred to place of payment.
Section 313A.17 - Warrants for payment.
Section 313A.18 - Depositaries or paying agents.
Section 313A.19 - Expenses of department.
Section 313A.20 - No diminution of duties while bonds outstanding.
Section 313A.21 - Insurance or indemnity bond.
Section 313A.22 - Toll charges fixed by department.
Section 313A.23 - Political subdivision may aid.
Section 313A.24 - Sale of excess land to political subdivisions.
Section 313A.25 - Sale to public.
Section 313A.26 - Acceptance or rejection of bids.
Section 313A.27 - Franchises for use of bridge.
Section 313A.28 - Deposit of proceeds.
Section 313A.29 - Tolls imposed for improving other bridges.
Section 313A.30 - Bridges as part of primary roads.
Section 313A.31 - Revenue bonds.
Section 313A.32 - Operation and control of bridge.
Section 313A.33 - No obligation of state.
Section 313A.34 - Agreements with other states.
Section 313A.36 - Purposes of powers granted.
Section 313A.37 - Failure to pay toll — penalty.