2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS
306.42 - TRANSFER OF RIGHTS-OF-WAY.

        306.42  TRANSFER OF RIGHTS-OF-WAY.
         1.  This section is intended to vest all documents of title in
      road right-of-way in the jurisdiction responsible for the road.  This
      section establishes a simple method to transfer road rights-of-way by
      quitclaim deed and to authorize the use of available descriptions,
      plats, maps or engineering drawings to effect such transfers and to
      provide an orderly method by which such transfers may be filed,
      indexed and recorded.
         2.  The department shall transfer by quitclaim deed to the county
      or to the city having jurisdiction over a road, all of the state's
      legal or equitable title and interest in right-of-way for the road or
      street and may transfer any adjacent unused right-of-way or land in
      excess of that needed as right-of-way.  The deed shall be executed by
      the director of the department.  However, if the department owns any
      adjacent unused right-of-way in excess of that needed as right-of-way
      which is located outside the incorporated limits of a city and is
      suitable for purposes specified in section 350.4, subsection 2, the
      department may, at the request of the county and the county
      conservation board, transfer the property by quitclaim deed to the
      county for the use and benefit of the county conservation board.
         3.  The county or the city shall transfer by quitclaim deed to the
      state department of transportation when having jurisdiction over a
      road, all of the county's or the city's legal or equitable title and
      interest in rights-of-way for the road and may transfer any adjacent
      unused right-of-way or land in excess of that needed as right-of-way.
      The deed shall be executed by the chairperson of the board of
      supervisors by order of the board for county roads and by the mayor
      or city manager by order of the city council for city streets.
         4.  Transfers under this section shall be subject to the right of
      a utility, association, company or corporation to continue in
      possession of a right-of-way in use at the time of the transfer.
      Transfers shall be subject to rights of ingress and egress whether
      excepted, reserved or granted by the transferring authority to land
      or to owners of land adjacent to the right-of-way.  Transfers shall
      include an index of parcels transferred by the character of the
      instrument or proceeding, the grantor and grantee, and date of the
      last instrument or proceeding acquiring rights to each parcel.
      Transfers shall locate the right-of-way by quarter-quarter section,
      township and range or if so acquired, by lot, block and subdivision.
      The transferring jurisdiction shall transmit to the receiving
      jurisdiction all available original documents of title or a certified
      true copy if the right-of-way was acquired by condemnation or the
      original deed is lost.  Transfers shall be recorded and indexed in
      the county in which the land is located.
         5.  Notwithstanding chapter 542B and sections 6A.20, 306.22,
      354.13, 354.15, and 364.7, legal descriptions, plats, maps, or
      engineering drawings used to describe transfers of right-of-way
      shall, where available, be descriptions, plats, maps, or engineering
      drawings of record and shall be incorporated by reference to the
      title instrument or proceedings.  If a part but not all of the land
      acquired by a single conveyance or condemnation is being transferred,
      the description of that part to be transferred shall be abstracted
      from the present legal description, plat, map, or engineering drawing
      of record.
         6.  Notwithstanding any other provision of the Code, for transfers
      of roads and streets made after May 1, 1987, neither the transferring
      jurisdiction or the receiving jurisdiction shall be held liable for
      any claim or damage for any act or omission relating to the design,
      construction, or maintenance of the road or street that occurred
      prior to the effective date of the transfer.  This paragraph shall
      apply to all transfers pursuant to this chapter or section 313.2.  

         Section History: Early Form

         [C79, 81, S81, § 306.42; 81 Acts, ch 99, § 1, ch 117, § 1044] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1902; 87 Acts, ch 232, §18; 90 Acts, ch 1236,
      § 44