2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS
306.4 - JURISDICTION OF SYSTEMS.

        306.4  JURISDICTION OF SYSTEMS.
         The jurisdiction and control over the roads and streets of the
      state are vested as follows:
         1.  Jurisdiction and control over the primary roads shall be
      vested in the department.
         2.  Jurisdiction and control over the secondary roads shall be
      vested in the county board of supervisors of the respective counties.

         3. a.  Effective July 1, 2004, jurisdiction and control over a
      farm-to-market extension or road transferred pursuant to section
      306.8A within a city with a population of less than five hundred
      shall be vested in the county board of supervisors of the respective
      county.
         b.  If the population of a city drops below five hundred after
      July 1, 2004, as determined by the latest available federal census or
      special census, jurisdiction and control over a farm-to-market
      extension located within the city shall be vested in the county board
      of supervisors of the respective county effective July 1 following
      census certification by the secretary of state.
         c.  If the population of a city from which jurisdiction and
      control over a road has been transferred pursuant to paragraph
      "a" or "b" exceeds seven hundred fifty, as determined by the
      latest available federal census or special census, such jurisdiction
      and control shall be transferred back to the city effective July 1
      following census certification by the secretary of state.
         4.  Jurisdiction and control over the municipal street system
      shall be vested in the governing bodies of each municipality; except
      that the department and the municipal governing body shall exercise
      concurrent jurisdiction over the municipal extensions of primary
      roads in all municipalities.  When concurrent jurisdiction is
      exercised, the department shall consult with the municipal governing
      body as to the kind and type of construction, reconstruction, repair,
      and maintenance and the two parties shall enter into agreements with
      each other as to the division of costs thereof.
         When the two parties cannot initially come to agreement as to the
      division of costs under this subsection, they shall contract with an
      organization in this state to provide mediation services.  The costs
      of the mediation services shall be equally allocated between the two
      parties.  If after submitting to mediation the parties still cannot
      come to agreement as to the division of costs, the mediator shall
      sign a statement that the parties did not reach an agreement, and the
      parties shall then submit the matter for binding arbitration to a
      mutually agreed-upon third party.  If the parties cannot agree upon a
      third-party arbitrator, they shall submit the matter to an arbitrator
      selected under the rules of the American arbitration association.
         5.  Jurisdiction and control over the roads and streets in any
      state park, state institution or other state land shall be vested in
      the board, commission, or agency in control of such park,
      institution, or other state land; except that:
         a.  The department and the controlling agency shall have
      concurrent jurisdiction over any road which is an extension of a
      primary road and which both enters and exits from the state land at
      separate points.  The department may expend the moneys available for
      such roads in the same manner as the department expends such funds on
      other roads over which the department exercises jurisdiction and
      control.  The parties exercising concurrent jurisdiction may enter
      into agreements with each other as to the kind and type of
      construction, reconstruction, repair and maintenance and the division
      of costs thereof.  In the absence of such agreement the jurisdiction
      and control of such road shall remain in the department.
         b.  The board of supervisors of any county and the controlling
      state agency shall have concurrent jurisdiction over any road which
      is an extension of a secondary road and which both enters and exits
      from the state land at separate points.  The board of supervisors of
      any county may expend the moneys available for such roads in the same
      manner as the board expends such funds on other roads over which the
      board exercises jurisdiction and control.  The parties exercising
      concurrent jurisdiction may enter into agreements with each other as
      to the kind and type of construction, reconstruction, repair and
      maintenance and the division of costs thereof.  In the absence of
      such agreement, the jurisdiction and control of such road shall
      remain in the board of supervisors of the county.
         6.  Jurisdiction and control over parkways within county parks and
      conservation areas shall be vested in the county conservation boards
      within their respective counties; except that:
         a.  The department and the county conservation board shall
      have concurrent jurisdiction over an extension of a primary road
      which both enters and exits from a county park or other county
      conservation area at separate points.  The department may expend
      moneys available for such roads in the same manner as the department
      expends such funds on other roads over which the department exercises
      jurisdiction and control.  The parties exercising concurrent
      jurisdiction may enter into agreements with each other as to the kind
      and type of construction, reconstruction, repair and maintenance and
      the division of costs thereof.  In the absence of such agreement, the
      jurisdiction and control of such roads shall remain in the
      department.
         b.  The board of supervisors of any county and the county
      conservation board shall have concurrent jurisdiction over an
      extension of a secondary road which both enters and exits from a
      county park or other county conservation area at separate points.
      The board of supervisors of any county may expend moneys available
      for such roads in the same manner as the board expends such funds on
      other roads over which the board exercises jurisdiction and control.
      The parties exercising concurrent jurisdiction may enter into
      agreements with each other as to the kind and type of construction,
      reconstruction, repair and maintenance and the division of costs
      thereof.  In the absence of such agreement, the jurisdiction and
      control of such roads shall remain in the board of supervisors of the
      county.  

         Section History: Early Form

         [C51, § 514; R60, § 819; C73, § 920; C97, § 1482; C24, 27, § 4560,
      4635--4677, 4780--4812; C31, 35, § 4560, 4644-c1; C39, § 4560,
      4644.01; C46, 50, § 309.1; C54, 58, 62, 66, § 306.3; C71, 73, 75,
      77, 79, 81, § 306.4] 

         Section History: Recent Form

         89 Acts, ch 134, §1; 2003 Acts, ch 144, §2
         Referred to in § 306.2, 307.22, 307A.2, 308.5, 312.3, 331.362