Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

When a railway company would have the right to excavate a channel or ditch and thereby change and straighten the course of a stream or watercourse, which is too frequently crossed by such railway, and thereby protect the right-of-way and roadbed, or promote safety and convenience…

Nothing in section 6A.13 shall give such corporation the right to change the course of any stream or watercourse where such right does not otherwise exist, nor, without the owner’s consent, to divert such stream or watercourse from any cultivated meadow or pasture land, when it o…

Railroad right-of-way which has been abandoned by order of the proper authority may be condemned by a railway corporation or the department of transportation before or after the track materials have been removed. The procedure to condemn abandoned right-of-way shall be the same a…

Owners of abandoned right-of-way which was originally condemned for rail purposes shall not receive additional compensation unless the track materials were removed prior to the second condemnation. [C73, §1261; C97, §2016; C24, 27, 31, 35, 39, § 7820; C46, 50, 54, 58, 62, 66, 71,…

A grant in this chapter of right to take private property for a public use shall not be construed as limiting a like grant elsewhere in the Code for another and different use. [C24, 27, 31, 35, 39, § 7821; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §471.19 ] C93, §6A.19

The executive council may institute and maintain such proceedings when private property is necessary for any use of the government of the United States. [S13, §2024-a; C24, 27, 31, 35, 39, § 7804; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §471.2 ] C93, §6A.2 Condemnation b…

Whenever any person, state department, or political subdivision takes title to land in fee simple for a public use by condemnation or by purchase in lieu of condemnation, the purchaser shall furnish to the owner of the land a legal description of the part taken and a legal descri…

1. Except as otherwise provided, for purposes of this chapter and chapter 6B : a. “Aboveground merchant line” means “merchant line” as defined in section 478.6A, subsection 1 , excluding those merchant lines that are underground. b. (1) “Agricultural land” means real property own…

1. In addition to the limitations in section 6A.21 , the authority of an acquiring agency to condemn any private property through eminent domain may only be exercised for a public purpose, public use, or public improvement. However, if the owner of the property consents to the co…

1. An owner of property described in an application for condemnation may bring an action challenging the exercise of eminent domain authority or the condemnation proceedings. Such action shall be commenced within thirty days after service of notice of assessment pursuant to secti…

When land or any easement therein is condemned by the state for the use and benefit of the United States, the governor, after the land has been finally acquired, shall have power to convey, to the United States, the easement or lands so acquired and all rights of the state therei…

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 owne…

Whenever the power to condemn private property for a public use is granted to any officer, board, commission, or other official, or to any county, township, or municipality, such grant shall, unless otherwise declared, be construed as granting authority to the officer, board, or …

A railway corporation may acquire by condemnation property as necessary for the location, construction, and convenient use of a railway. The acquisition shall carry the right to use for the construction and repair of the railway and its appurtenances any earth, gravel, stone, tim…

No lands actually platted, used, and devoted to cemetery purposes shall be taken for any railway purpose without the consent of the proper officers or owners thereof. [S13, §1995; C24, 27, 31, 35, 39, § 7809; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §471.7 ] C93, §6A.7

Land taken for railway right-of-way, otherwise than by consent of the owner, shall not exceed one hundred feet in width unless greater width is necessary for excavation, embankment, or depositing waste earth. [R60, §1314; C73, §1241; C97, §1995; S13, §1995; C24, 27, 31, 35, 39, §…

The department of transportation or a railway corporation may, by condemnation or otherwise, acquire lands for the following additional purposes: 1. For necessary additional depot grounds or yards. 2. For constructing a track or tracks to any mine, quarry, gravel pit, manufacturi…