327G.17 Hearing — order.
1. The department of inspections and appeals shall hear the evidence of each party to the controversy and shall make an order, which may include, pursuant to chapters 6A and 6B, authority to condemn, resolving the controversy. The order shall include the portion of the expense to be paid by each party to the controversy. In determining what portion of the expense shall be paid by each party, the department of inspections and appeals may consider the ratio of the benefits accruing to the railroad or the governmental unit or both, to the general public use and benefit.
2. The order of the department of inspections and appeals is subject to review by the state department of transportation. The decision of the state department of transportation is the final agency action.
[SS15, §2017; C24, 27, 31, 35, 39, §8022; C46, 50, 54, 58, 62, 66, 71, 73, 75, §478.23; C77, 79, 81, §327G.17; 81 Acts, ch 22, §22]
89 Acts, ch 273, §36; 2018 Acts, ch 1041, §127
Referred to in §327G.31
Structure Iowa Code
Chapter 327G - RAILROAD RIGHTS-OF-WAY, CROSSINGS, TRACKS, AND FENCING
Section 327G.2 - Crossings — signs.
Section 327G.3 - Railway fences required.
Section 327G.4 - Specifications.
Section 327G.5 - Hog-tight fences.
Section 327G.6 - Failure to fence.
Section 327G.7 - Double damages.
Section 327G.8 - Laws and local regulations not applicable.
Section 327G.9 - Failure to fence — general penalty.
Section 327G.10 - Killing of stock — interpretative clause.
Section 327G.11 - Private farm crossings.
Section 327G.12 - Overhead, underground, or more than one crossing.
Section 327G.13 - Signals at road crossings.
Section 327G.15 - Railway and highway crossing at grade.
Section 327G.16 - Disagreement — application — notice.
Section 327G.17 - Hearing — order.
Section 327G.18 - Railway company to hold in trust.
Section 327G.19 - Grade crossing fund.
Section 327G.21 - Condition after change — temporary ways.
Section 327G.22 - Railway crossings near Mississippi river.
Section 327G.23 - Grade crossings.
Section 327G.24 - Removal of tracks from crossings.
Section 327G.25 - Closing of crossing for repair or upgrade.
Section 327G.28 - Compulsory establishment.
Section 327G.29 - Grade crossing surface repair fund.
Section 327G.30 - Adjustment of expense.
Section 327G.31 - Disagreement resolved.
Section 327G.32 - Blocking highway crossing.
Section 327G.61 - Definitions.
Section 327G.62 - Controversies — hearing — order — review.
Section 327G.63 - Destruction of buildings.
Section 327G.64 - Spur tracks.
Section 327G.65 - Cost of construction.
Section 327G.66 - Bond for construction.
Section 327G.67 - Costs in excess of deposit.
Section 327G.68 - Failure of company to act.
Section 327G.69 - Connections with original spurs.
Section 327G.76 - Time of reversion.
Section 327G.77 - Reversion of railroad right-of-way.
Section 327G.78 - Sale of railroad property.
Section 327G.79 - Valuing property in controversy.
Section 327G.81 - Maintenance of improvements along rights-of-way.