6A.4 - RIGHT CONFERRED.
6A.4 RIGHT CONFERRED.
The right to take private property for public use is hereby
conferred:
1. Counties. Upon all counties for public purposes which are
reasonable and necessary as an incident to the powers and duties
conferred upon counties.
2. Owners of land without a way to the land. Upon the owner
or lessee of lands, which have no public or private way to the lands,
for the purpose of providing a public way which will connect with an
existing public road.
a. The condemned public way shall not exceed forty feet in
width when such lands are agricultural or have a single residence
located on them. For all other uses, the condemned public way shall
not exceed sixty-six feet.
b. The condemned public way shall be located on a division,
subdivision or "forty" line, or immediately adjacent thereto, and
along the line which is the nearest feasible route to an existing
public road, or along a route established for a period of ten years
or more by an easement of record or by use and travel to and from the
property by the owner and the general public. The public way shall
not interfere with buildings, orchards, or cemeteries.
c. When passing through enclosed lands, the public way shall
be fenced on both sides by the condemner upon request of the owner of
the condemned land. The condemner or the condemner's assignee shall
provide easement for access to the owner of property severed by the
condemnation. The public way shall be maintained by the condemner or
the condemner's assignee, and shall not be considered any part of the
primary or secondary road systems.
d. A public way condemned under this subsection shall not be
considered an existing public road in subsequent condemnations to
provide a public way for access to an existing public road.
3. Owners of mineral lands. Upon all owners, lessees, or
possessors of land, for a railway right-of-way thereto not exceeding
one hundred feet in width and located wherever necessary or
practical, when such lands have no railway thereto and contain coal,
stone, gravel, lead, or other minerals and such railway is necessary
in order to reach and operate any mine, quarry, or gravel bed on said
land and transport the products thereof to market. Such right-of-way
shall not interfere with buildings, orchards, or cemeteries, and when
passing through enclosed lands, fences shall be built and maintained
on both sides thereof by the party condemning the land and by that
party's assignees. The jury, in the assessment of damages, shall
consider the fact that a railway is to be constructed thereon.
4. Cemetery associations. Upon any private cemetery or
cemetery association which is incorporated under the laws of this
state relating to corporations not for pecuniary profit, and having
its cemetery located outside the limits of a city, for the purpose of
acquiring necessary grounds for cemetery use or reasonable additions
thereto. The right granted in this subsection shall not be exercised
until the board of supervisors, of the county in which the land
sought to be condemned is located, has, on written application and
hearing, on such reasonable notice to all interested parties as it
may fix, found that the land, describing it, sought to be condemned,
is necessary for cemetery purposes. The association shall pay all
costs attending such hearing.
5. Subdistricts of soil and water conservation districts.
Upon a subdistrict of a soil and water conservation district for land
or rights or interests in the land as reasonable and necessary to
carry out the purposes of the subdistrict.
6. Cities. Upon all cities for public purposes which are
reasonable and necessary as an incident to the powers and duties
conferred upon cities. Section History: Early Form