308.9 - ESTABLISHING LOCATIONS FOR THE HIGHWAY.

        308.9  ESTABLISHING LOCATIONS FOR THE HIGHWAY.         1. a.  When, as a result of its investigations and studies,      the state transportation commission, in cooperation with the      department of natural resources, finds that there may be a need in      the future for the development and construction or reconstruction of      segments of the great river road, and when the state transportation      commission determines that in order to prevent conflicting costly      economic development on areas of lands to be available for the great      river road when needed for future development, there is need to      establish and to inform the public of the approximate location and      widths of new or improved segments of the great river road to be      needed, the state transportation commission may proceed to establish      the location and the approximate widths in the manner provided in      this section.         b.  The state transportation commission shall give notice and      hold a public hearing on the matter in a convenient place in the area      to be affected by the proposed improvement of the great river road.      The state transportation commission shall consider and evaluate the      testimony presented at the public hearing and shall make a study and      prepare a map showing the location of the proposed new or      reconstructed segment of the great river road and the approximate      widths of right-of-way needed.  The map shall show the existing      roadway and the property lines and record owners of lands to be      needed.  The approval of the map shall be recorded by reference in      the state transportation commission's minutes, and a notice of the      action and a copy of the map showing the lands or interest in the      lands needed in any county shall be filed in the office of the county      recorder of that county.  Notice of the action and of the filing      shall be published once in a newspaper of general circulation in the      county, and within sixty days following the filing, notice of the      filing shall be served by registered mail on the owners of record on      the date of filing.  Using the same procedures for approval, notice      and publications, and notice to the affected record owners, the state      transportation commission may amend the map.         2.  After such location is established, within the area of the      great river road as shown on the map or in such proximity to it as to      result in consequential damages when the rights in land for the great      river road are acquired, a person shall not erect or move in any      additional structure or rebuild, alter or add to any existing      structure, without giving to the state transportation commission by      registered mail sixty days' notice of such contemplated construction,      alteration, or addition describing the same.  However, this      prohibition and requirement shall not apply to any normal or      emergency repairs or replacements which are necessary to maintain an      existing structure of a facility in approximately its previously      existing functioning condition.  When the rights in land for a      segment of the great river road are acquired, damages shall not be      allowed for any construction, alterations, or additions in violation      of this subsection.         3.  Without limiting any authority otherwise existing, rights in      land needed for the great river road may be acquired at any time by      the state, the county, or the municipality in which such segment of      the great river road is located.  If an owner's contiguous land is      acquired to an extent which is less than the total amount shown on      the map as needed, consequential damages to the land not acquired      shall be allowed as found to exist.  
         Section History: Early Form
         [C62, 66, 71, 73, § 308.5; C75, 77, 79, 81, § 308.9] 
         Section History: Recent Form
         88 Acts, ch 1158, §64; 98 Acts, ch 1075, §8; 2008 Acts, ch 1032,      §46