Hartog v. City of Waterloo
Annotate this CaseThe City of Waterloo agreed to transfer to a residential developer property the City originally acquired for use as a road right-of-way. Taxpaying residents of the City challenged the legality of the proposed transfer, arguing that the City failed to follow statutory procedures for the sale of unused right-of-way, including compliance with certain appraisal, notice, right-of-first refusal and public bid requirements. The district court dismissed the case, concluding that the subject property was not unused right-of-way. The Supreme Court reversed, holding that the property was unused right-of-way, and therefore, the City could not sell or transfer it to the developer without first following the procedure prescribed in Iowa Code 306.23.
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