306.4 - JURISDICTION OF SYSTEMS.
306.4 JURISDICTION OF SYSTEMS. The jurisdiction and control over the roads and streets of thestate are vested as follows: 1. Jurisdiction and control over the primary roads shall bevested in the department. 2. Jurisdiction and control over the secondary roads shall bevested in the county board of supervisors of the respective counties. 3. a. Effective July 1, 2004, jurisdiction and control over afarm-to-market extension or road transferred pursuant to section306.8A within a city with a population of less than five hundredshall be vested in the county board of supervisors of the respectivecounty. b. If the population of a city drops below five hundred afterJuly 1, 2004, as determined by the latest available federal census orspecial census, jurisdiction and control over a farm-to-marketextension located within the city shall be vested in the county boardof supervisors of the respective county effective July 1 followingcensus certification by the secretary of state. c. If the population of a city from which jurisdiction andcontrol over a road has been transferred pursuant to paragraph"a" or "b" exceeds seven hundred fifty, as determined by thelatest available federal census or special census, such jurisdictionand control shall be transferred back to the city effective July 1following census certification by the secretary of state. 4. Jurisdiction and control over the municipal street systemshall be vested in the governing bodies of each municipality; exceptthat the department and the municipal governing body shall exerciseconcurrent jurisdiction over the municipal extensions of primaryroads in all municipalities. When concurrent jurisdiction isexercised, the department shall consult with the municipal governingbody as to the kind and type of construction, reconstruction, repair,and maintenance and the two parties shall enter into agreements witheach other as to the division of costs thereof. When the two parties cannot initially come to agreement as to thedivision of costs under this subsection, they shall contract with anorganization in this state to provide mediation services. The costsof the mediation services shall be equally allocated between the twoparties. If after submitting to mediation the parties still cannotcome to agreement as to the division of costs, the mediator shallsign a statement that the parties did not reach an agreement, and theparties shall then submit the matter for binding arbitration to amutually agreed-upon third party. If the parties cannot agree upon athird-party arbitrator, they shall submit the matter to an arbitratorselected under the rules of the American arbitration association. 5. Jurisdiction and control over the roads and streets in anystate park, state institution or other state land shall be vested inthe board, commission, or agency in control of such park,institution, or other state land; except that: a. The department and the controlling agency shall haveconcurrent jurisdiction over any road which is an extension of aprimary road and which both enters and exits from the state land atseparate points. The department may expend the moneys available forsuch roads in the same manner as the department expends such funds onother roads over which the department exercises jurisdiction andcontrol. The parties exercising concurrent jurisdiction may enterinto agreements with each other as to the kind and type ofconstruction, reconstruction, repair and maintenance and the divisionof costs thereof. In the absence of such agreement the jurisdictionand control of such road shall remain in the department. b. The board of supervisors of any county and the controllingstate agency shall have concurrent jurisdiction over any road whichis an extension of a secondary road and which both enters and exitsfrom the state land at separate points. The board of supervisors ofany county may expend the moneys available for such roads in the samemanner as the board expends such funds on other roads over which theboard exercises jurisdiction and control. The parties exercisingconcurrent jurisdiction may enter into agreements with each other asto the kind and type of construction, reconstruction, repair andmaintenance and the division of costs thereof. In the absence ofsuch agreement, the jurisdiction and control of such road shallremain in the board of supervisors of the county. 6. Jurisdiction and control over parkways within county parks andconservation areas shall be vested in the county conservation boardswithin their respective counties; except that: a. The department and the county conservation board shallhave concurrent jurisdiction over an extension of a primary roadwhich both enters and exits from a county park or other countyconservation area at separate points. The department may expendmoneys available for such roads in the same manner as the departmentexpends such funds on other roads over which the department exercisesjurisdiction and control. The parties exercising concurrentjurisdiction may enter into agreements with each other as to the kindand type of construction, reconstruction, repair and maintenance andthe division of costs thereof. In the absence of such agreement, thejurisdiction and control of such roads shall remain in thedepartment. b. The board of supervisors of any county and the countyconservation board shall have concurrent jurisdiction over anextension of a secondary road which both enters and exits from acounty park or other county conservation area at separate points.The board of supervisors of any county may expend moneys availablefor such roads in the same manner as the board expends such funds onother roads over which the board exercises jurisdiction and control.The parties exercising concurrent jurisdiction may enter intoagreements with each other as to the kind and type of construction,reconstruction, repair and maintenance and the division of coststhereof. In the absence of such agreement, the jurisdiction andcontrol of such roads shall remain in the board of supervisors of thecounty.
Section History: Early Form [C51, § 514; R60, § 819; C73, § 920; C97, § 1482; C24, 27, § 4560,4635--4677, 4780--4812; C31, 35, § 4560, 4644-c1; C39, § 4560,4644.01; C46, 50, § 309.1; C54, 58, 62, 66, § 306.3; C71, 73, 75,77, 79, 81, § 306.4]
Section History: Recent Form 89 Acts, ch 134, §1; 2003 Acts, ch 144, §2 Referred to in § 306.2, 307.22, 307A.2, 308.5, 312.3, 331.362