Title VIII, TRANSPORTATION (Ch. 306 - 330B)

In the event that any building referred to in section 327G.62 , situated on the right-of-way or other land of a railroad company used for railway purposes, shall be injured or destroyed by the negligence of the railroad company, or the servants or agents thereof in the conduct of…

1. Every railroad corporation may acquire, by condemnation or purchase, the necessary rights-of-way and may construct, connect, operate and maintain a reasonably adequate and suitable spur track if the construction and operation is not unsafe and is in the public interest. 2. Any…

The railroad corporation may require the person primarily to be served to pay the legitimate cost and expense of acquiring, by condemnation or purchase, the necessary right-of-way for the spur track and of constructing it, as determined in separate items by the department. Except…

When the total estimated cost has been ascertained by the department such person, firm, corporation, or association shall have the option to either deposit said amount with the railroad company or to file with such company its written election to build and construct such spur tra…

In any event before the railroad company shall be required to incur any expense whatever in the construction of such spur track the person, firm, corporation, or association primarily to be served thereby shall give the railroad company a bond to be approved by the department as …

In case of failure, neglect, or refusal of any railroad company to comply with any of the provisions of sections 327G.65 through 327G.67 , the person, firm, corporation, or association primarily to be served thereby may file a complaint with the department setting forth the facts…

Whenever such spur track is so connected with the main line, as provided in this chapter , at the expense of the owner of such proposed or existing mill, elevator, storehouse, dock, wharf, pier, manufacturing establishment, and any person, firm, corporation, or association shall …

If such corporation fails or neglects to pay such damages within ninety days after notice in writing that a loss or injury has occurred, accompanied by an affidavit thereof, served upon any officer or station or ticket agent employed by said corporation in the county where such l…

Railroad property rights which are extinguished upon cessation of service by the railroad divest when the department of transportation or the railroad, having obtained authority to abandon the rail line, removes the track materials to the right-of-way. If the department of transp…

1. If a railroad easement is extinguished under section 327G.76 , the property shall pass to the owners of the adjacent property at the time of abandonment. If there are different owners on either side, each owner will take to the center of the right-of-way. Section 614.24 which …

1. Subject to section 6A.16 and 327G.77 , when a railroad corporation, its trustee, or its successor in interest has interests in real property adjacent to a railroad right-of-way that are abandoned by order of the surface transportation board, reorganization court, bankruptcy co…

1. The department of inspections, appeals, and licensing’s determination and order shall be just and equitable and, in the case of the determination of the fair market value of the property, shall be based in part upon at least three independent appraisals prepared by certified a…

No law of the state or any local or police regulations of any county, township or city, relating to the restraint of domestic animals, or in relation to the fences of farmers or landowners, shall be applicable to railway rights-of-way, unless specifically so stated in such law an…

1. A person, including a state agency or political subdivision of the state, who acquires a railroad right-of-way after July 1, 1979, for a purpose other than farming has all of the following responsibilities concerning that right-of-way: a. Construction, maintenance, and repair …

If the railroad corporation refuses or neglects to comply with any provision of this chapter relating to the fencing of the tracks, such railroad corporation shall, upon conviction, be subject to a schedule “two” penalty and every thirty days’ continuance of such refusal or negle…

Repealed by 2005 Acts, ch 178, §34 . Continuation of assistance agreements entered into pursuant to this chapter or former chapter 327I prior to July 1, 2009; 2009 Acts, ch 97, §15

1. A railroad revolving loan and grant fund is established in the office of the treasurer of state under the control of the department. Moneys in the fund shall be expended for the following purposes: a. Grants or loans to provide assistance for the restoration, conservation, imp…

The department may accept federal funds to carry out the purposes of this chapter . All federal funds received under this section and all interest and earnings on federal funds received under this section are appropriated for the purposes set forth in the federal grants. [C77, 79…

As used in this chapter , unless the context otherwise requires, “department” means the state department of transportation. [ S81, §327H.26 ; 81 Acts, ch 116, §6 ] 2005 Acts, ch 178, §32 ; 2009 Acts, ch 97, §12

As used in this chapter , unless the context otherwise requires: 1. “AMTRAK” means the national railroad passenger corporation created under 45 U.S.C. §24101 . 2. “Department” means the state department of transportation. 3. “Director” means the director of transportation. 4. “Fu…

1. Fund created. The passenger rail service revolving fund is established as a separate fund in the state treasury under the control of the department. Moneys deposited in the fund shall be administered by the director and shall be used to pay the costs associated with the initia…

1. The director may expend moneys from the fund to pay the costs associated with the initiation, operation, and maintenance of passenger rail service. The director shall report by February 1 of each year to the legislative services agency concerning the status of the fund includi…

1. The following words, terms, and phrases when used in this chapter shall, for the purposes of this chapter , have the meanings given in this section , unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires: a. “Aero…

The director in carrying out the director’s duties relating to aeronautics shall: 1. Promotion of aeronautics. Encourage, foster, and assist in the general development and promotion of aeronautics in this state, and make disbursements from moneys available for such purposes. 2. R…

1. The department shall act as agent for the state and shall upon request act as agent for a governmental subdivision which owns a general aviation or air carrier airport in accepting, receiving and receipting for all federal moneys provided that the request is submitted to the d…

All contracts for the planning, acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the department, either as the agent of this state or of any governmental subdivision, shall be made pursuant to the laws of t…

All moneys accepted for disbursement by the department pursuant to section 328.14 shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which t…

The department shall promulgate rules pursuant to chapter 17A governing the issuance by the department of certificates of registration to all airports in this state which are open for use by the public and governing the annual renewal of those certificates. These rules shall requ…

1. A civil aircraft owned either wholly or in part by persons residing in this state, or operated, or otherwise controlled within the boundaries of the state for a period of more than thirty days, unless specifically excepted under this chapter , shall be registered annually with…

An annual registration fee for each aircraft shall be paid to the department at the time of registration, to be computed as follows: 1. Unless otherwise provided in this section , for the first registration, a sum equal to one percent of the manufacturer’s list price of the aircr…

1. If, during the year for which an aircraft, except aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and the aircraft’s identity as an aircraft entirely eliminated, …

The registration fees imposed by this chapter upon aircraft shall be in lieu of all taxes, general or local, except state sales or use tax, to which aircraft might otherwise be subject. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.25 ]

1. Every application for registration pursuant to sections 328.19 and 328.20 shall be made upon such forms, and shall contain such information, as the department may prescribe, and every application shall be accompanied by the full amount of the registration fee. 2. When an aircr…

The department shall issue, upon receipt of proper application and fee for registration, a certificate of registration which shall be numbered and recorded by the department, shall state the name and address of the person to whom it is issued, shall be titled with the designation…

1. A manufacturer or dealer owning an aircraft otherwise required to be registered under this chapter may operate the aircraft for up to three years for purposes of transporting, testing, demonstrating, or selling the aircraft without registering the aircraft, upon condition that…

A manufacturer, transporter, or dealer may, upon payment of a four hundred dollar fee, make application to the department upon such forms as the department may prescribe for a special certificate. The applicant shall also submit such reasonable proof of the applicant’s status as …

The department upon granting an application shall issue to the applicant a special certificate containing the applicant’s name, address, and other information as the department may prescribe. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.30 ] 90 Acts, ch 1063, §6 ; 2002 …

A special certificate expires at midnight on October 31, and a new special certificate for the ensuing year may be obtained by the person to whom the expired special certificate was issued, upon application to the department and payment of the fee provided in section 328.29 . [C4…

A manufacturer, transporter, or dealer shall keep a written record of the aircraft in the manufacturer’s, transporter’s, or dealer’s inventory, which records shall be open to inspection of any peace officer, or any officer or employee of the department. [C46, 50, 54, 58, 62, 66, …

The department may refuse to issue, or may revoke or suspend a certificate of registration or special certificate for any one, or any combination, of the following reasons: 1. That the application contains any false or fraudulent material statement, or that the applicant has fail…

1. The provisions of sections 328.19 and 328.20 shall not apply to: a. An aircraft which has been registered by a foreign country with which the United States has a reciprocal agreement covering the operations of registered aircraft. b. An aircraft which is owned by a resident of…

All moneys received by the department pursuant to sections 328.21 and 328.29 shall be deposited into the state aviation fund created in section 328.56 . [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.36 ] 88 Acts, ch 1205, §19 ; 91 Acts, ch 260, §1229 ; 93 Acts, ch 131, §…

Except as provided in section 328.35 , it is unlawful for a person to operate, or cause or authorize to be operated, a civil aircraft, airport, or landing area in this state, unless there has been issued for the aircraft or to the airport or landing area an appropriate certificat…

1. In any case where the department refuses to issue a certificate of registration or special certificate, or in any case where it shall issue any order requiring certain things to be done, or revoking or suspending any certificate, it shall set forth its reasons and shall state …

Any person who violates any of the provisions of this chapter , or who makes any material false statement or representation in any application or statement filed with the department as required by this chapter or any of the rules and regulations issued pursuant thereto shall be g…

It shall be unlawful for any person to operate an aircraft in the air space above this state or on the ground or water within this state, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air space above thi…