314.9 Entering private property.
1. The agency in control of a highway may after thirty days’ written notice by restricted certified mail addressed to the owner and also to the occupant, enter upon private property for the purpose of making surveys, soundings, drillings, appraisals, and examinations as the agency deems appropriate or necessary to determine the advisability or practicability of locating and constructing a highway on the property or for the purpose of determining whether gravel or other material exists on the property of suitable quality and in sufficient quantity to warrant the purchase or condemnation of the property. The entry shall not be deemed a trespass, and the agency may be aided by injunction to insure peaceful entry. The agency shall pay actual damages caused by the entry, surveys, soundings, drillings, appraisals, or examinations.
2. Any damage caused by the entry, surveys, soundings, drillings, appraisals, or examinations shall be determined by agreement or in the manner provided for the award of damages in condemnation of the property for highway purposes. Soundings or drillings shall not be done within one hundred fifty feet of the dwelling house or within fifty feet of other buildings without written consent of the owner.
[C27, 31, 35, §4658-a1; C39, §4658.1; C46, §309.65; C50, §308A.18; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §314.9]
96 Acts, ch 1126, §3
Structure Iowa Code
Chapter 314 - ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
Section 314.1 - Bidding procedures — basis for awarding contracts.
Section 314.1A - Detailed cost accountings by cities and counties — rules.
Section 314.1B - Bid threshold subcommittees — adjustments — notice.
Section 314.2 - Interest in contract prohibited.
Section 314.3 - Claims — approval and payment.
Section 314.4 - Partial payments.
Section 314.5 - Extensions in certain cities.
Section 314.6 - Highways along city limits.
Section 314.7 - Trees — ingress or egress — drainage.
Section 314.8 - Government markers preserved.
Section 314.9 - Entering private property.
Section 314.10 - State-line highways.
Section 314.11 - Use of bridges by utility companies.
Section 314.12 - Borrow pits — topsoil preserved.
Section 314.12A - Preservation of topsoil in highway construction.
Section 314.13A - Contract assessment — socially and economically disadvantaged individuals.
Section 314.14 - Contracts set aside for small businesses.
Section 314.15 - Disadvantaged business enterprises — rules.
Section 314.16 - Interstate 80 — route designation.
Section 314.17 - Mowing on interstates, primary highways, and secondary roads.
Section 314.18 - Responsibility for bridge inspection.
Section 314.19 - Reseeding open ditches.
Section 314.20 - Utility easements on highway right-of-way.
Section 314.21 - Living roadway trust fund.
Section 314.22 - Integrated roadside vegetation management.
Section 314.23 - Environmental protection.
Section 314.24 - Natural and historic preservation.
Section 314.25 - Green space provided.
Section 314.26 - Schwengel Bridge.
Section 314.27 - Refreshments at rest areas on certain holidays.
Section 314.28 - Keep Iowa beautiful fund.
Section 314.29 - Dick Drake Way.
Section 314.30 - Cattle guards.
Section 314.31 - Iowa medal of honor highway — signs purchased and installed by private entities.