306.42 - TRANSFER OF RIGHTS-OF-WAY.
306.42 TRANSFER OF RIGHTS-OF-WAY. 1. This section is intended to vest all documents of title inroad right-of-way in the jurisdiction responsible for the road. Thissection establishes a simple method to transfer road rights-of-way byquitclaim deed and to authorize the use of available descriptions,plats, maps or engineering drawings to effect such transfers and toprovide an orderly method by which such transfers may be filed,indexed and recorded. 2. The department shall transfer by quitclaim deed to the countyor to the city having jurisdiction over a road, all of the state'slegal or equitable title and interest in right-of-way for the road orstreet and may transfer any adjacent unused right-of-way or land inexcess of that needed as right-of-way. The deed shall be executed bythe director of the department. However, if the department owns anyadjacent unused right-of-way in excess of that needed as right-of-waywhich is located outside the incorporated limits of a city and issuitable for purposes specified in section 350.4, subsection 2, thedepartment may, at the request of the county and the countyconservation board, transfer the property by quitclaim deed to thecounty for the use and benefit of the county conservation board. 3. The county or the city shall transfer by quitclaim deed to thestate department of transportation when having jurisdiction over aroad, all of the county's or the city's legal or equitable title andinterest in rights-of-way for the road and may transfer any adjacentunused right-of-way or land in excess of that needed as right-of-way.The deed shall be executed by the chairperson of the board ofsupervisors by order of the board for county roads and by the mayoror city manager by order of the city council for city streets. 4. Transfers under this section shall be subject to the right ofa utility, association, company or corporation to continue inpossession of a right-of-way in use at the time of the transfer.Transfers shall be subject to rights of ingress and egress whetherexcepted, reserved or granted by the transferring authority to landor to owners of land adjacent to the right-of-way. Transfers shallinclude an index of parcels transferred by the character of theinstrument or proceeding, the grantor and grantee, and date of thelast instrument or proceeding acquiring rights to each parcel.Transfers shall locate the right-of-way by quarter-quarter section,township and range or if so acquired, by lot, block and subdivision.The transferring jurisdiction shall transmit to the receivingjurisdiction all available original documents of title or a certifiedtrue copy if the right-of-way was acquired by condemnation or theoriginal deed is lost. Transfers shall be recorded and indexed inthe county in which the land is located. 5. Notwithstanding chapter 542B and sections 6A.20, 306.22,354.13, 354.15, and 364.7, legal descriptions, plats, maps, orengineering drawings used to describe transfers of right-of-wayshall, where available, be descriptions, plats, maps, or engineeringdrawings of record and shall be incorporated by reference to thetitle instrument or proceedings. If a part but not all of the landacquired by a single conveyance or condemnation is being transferred,the description of that part to be transferred shall be abstractedfrom the present legal description, plat, map, or engineering drawingof record. 6. Notwithstanding any other provision of the Code, for transfersof roads and streets made after May 1, 1987, neither the transferringjurisdiction or the receiving jurisdiction shall be held liable forany claim or damage for any act or omission relating to the design,construction, or maintenance of the road or street that occurredprior to the effective date of the transfer. This paragraph shallapply to all transfers pursuant to this chapter or section 313.2.
Section History: Early Form [C79, 81, S81, § 306.42; 81 Acts, ch 99, § 1, ch 117, § 1044]
Section History: Recent Form 86 Acts, ch 1245, § 1902; 87 Acts, ch 232, §18; 90 Acts, ch 1236,§ 44