306.19 - RIGHT-OF-WAY -- ACCESS -- NOTICE.
306.19 RIGHT-OF-WAY -- ACCESS -- NOTICE. 1. In the maintenance, relocation, establishment, or improvementof any road, including the extension of such road within cities, theagency having jurisdiction and control of such road shall haveauthority to purchase or to institute and maintain proceedings forthe condemnation of the necessary right-of-way therefor. Such agencyshall likewise have power to purchase or institute and maintainproceedings for the condemnation of land necessary for highwaydrainage, or land containing gravel or other suitable material forthe improvement or maintenance of highways, together with thenecessary road access or right of access thereto. 2. Whenever the agency condemns or purchases property accessrights or alters by lengthening any existing driveway to a road fromabutting property, except during the time required for constructionand maintenance of the road or highway, the agency shall: a. Compensate the owner for any diminution in the marketvalue of the property by the denial or alteration by lengthening thedriveway. In computing the diminution in value, no considerationshall be given to the additional maintenance expense for maintainingthe additional length of driveway, but in lieu thereof, both incondemnation proceedings or negotiated purchases, the agency shallpay to the owner the sum of twenty dollars for every lineal foot ofadditional length of driveway located on the owner's property. Thispayment shall represent just compensation to the property owner forthe additional driveway maintenance caused by reason of the highwayor road project. b. If in the opinion of the agency it would be moreeconomical to purchase the entire tract of the property owner than toprovide and pay the maintenance expense required under the provisionsof this section, proceed with the acquisition of the entire tract ofland; or c. If mutually agreeable, move buildings from an existinglocation to a location requiring an equal or lesser length ofdriveway and provide an adequate driveway to a public road. 3. None of the foregoing requirements shall prohibit the propertyowner and the agency from entering into a mutually acceptableagreement for the replacement, relocation, construction, ormaintenance of any alternate driveway on the owner's property.Compensation for any property rights taken in the establishment ofany alternative temporary or permanent access shall be paid as in anyother purchase or condemnation of property. 4. Proceedings for the condemnation of land for any highway shallbe under the provisions of chapter 6A and chapter 6B. Provided that,in the condemnation of right-of-way for secondary roads that iscontiguous to existing road right-of-way for the maintenance, safetyimprovement, or upgrade of the existing secondary road, the board ofsupervisors may proceed as provided in sections 306.28 to 306.37. 5. a. The department may notify a city or county that a roadunder the jurisdiction or control of the department will beestablished, improved, relocated, or maintained and that thedepartment may need to acquire additional right-of-way or propertyrights within an area described by the department. The notice shallinclude a depiction of the area on a map provided by the city,county, or the department. This notice shall be valid for a periodof three years from the date of notification to the city or countyand may be refiled by the department every three years. Within sevendays of filing the notice, the department shall publish in anewspaper of public record a description and map of the area and adescription of the potential restrictions applied to the city orcounty with respect to the granting of building permits, approving ofsubdivision plats, or zoning changes within the area. b. The city or county shall notify the department of anapplication for a building permit for construction valued attwenty-five thousand dollars or more, of the submission of asubdivision plat, or of a proposed zoning change within the area atleast thirty days prior to granting the proposed building permit,approving the subdivision plat, or changing the zoning. c. If the department, within the thirty-day period, notifiesthe city or county that the department is proceeding to acquire allor part of the property or property rights affecting the area, thecity or county shall not issue the building permit, approve thesubdivision plat, or change the zoning. The department may apply tothe city or county for an extension of the thirty-day period. Aftera public hearing on the matter, the city or county may grant anadditional sixty- day extension of the period. d. The department shall begin the process of acquiringproperty or property rights from affected persons within ten days ofthe department's written notification of intent to the city orcounty. 6. If the agency determines that it is necessary to relocate autility facility, the agency shall have the authority to instituteand maintain proceedings on behalf of the owner of the utilityfacility for the condemnation of replacement property rights. Thereplacement property rights shall be equal in substance to theexisting rights of the owner of the utility facility, except that thereplacement property rights shall be for a width and location deemedappropriate and necessary for the needs of the owner of the utilityfacility, as determined by the agency and the owner of the facility.The replacement property rights of the owner of the utility facilityshall be subordinate to the rights of the agency only to the extentnecessary for the construction and maintenance of the designatedroad. Within a reasonable time after completion of the relocation,all previously owned property rights of the owner of the utilityfacility no longer required for operation and maintenance of theutility facility shall be released or conveyed to the appropriateparties. The authority of the agency under this subsection may onlybe exercised upon execution of a relocation agreement between theagency and the owner of the utility facility. For purposes of thissubsection, "utility facility" means an electric, gas, water,steam power, or materials transmission or distribution system; atransportation system; a communications system, including cabletelevision; and fixtures, equipment, or other property associatedwith the operation, maintenance, or repair of the system. A utilityfacility may be publicly, privately, or cooperatively owned. 7. For the purposes of this section, the term "driveway"shall mean a way of ingress and egress located entirely on privateproperty, consisting of a lane or passageway leading from a residenceto a public roadway or highway.
Section History: Early Form [C24, § 4732; C27, 31, 35, § 4755-b27; C39, § 4658, 4683.23,4755.23; C46, 50, § 309.64, 310.23, 313.25; C54, 58, 62, 66, §306.13; C71, 73, 75, 77, 79, 81, § 306.19]
Section History: Recent Form 91 Acts, ch 114, §1; 94 Acts, ch 1030, §1; 95 Acts, ch 135, §2; 96Acts, ch 1126, § 1; 99 Acts, ch 171, §26, 27, 42; 2001 Acts, ch 32,§1 Referred to in § 331.304