2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 306A - CONTROLLED=ACCESS HIGHWAYS
306A.5 - ACQUISITION OF PROPERTY AND PROPERTY RIGHTS.

        306A.5  ACQUISITION OF PROPERTY AND PROPERTY RIGHTS.

         For the purposes of this chapter, cities and highway authorities
      having jurisdiction and control over the highways of the state, as
      provided by chapter 306, may acquire private or public property
      rights for controlled-access facilities and service roads, including
      rights of access, air, view, and light, by gift, devise, purchase, or
      condemnation in the same manner as such units are authorized by law
      to acquire such property or property rights in connection with
      highways and streets within their respective jurisdictions.  All
      property rights acquired under this chapter shall be in fee simple.
      In connection with the acquisition of property or property rights for
      a controlled- access facility or portion of, or service road in
      connection with a controlled-access facility, the cities and highway
      authorities, in their discretion, may acquire an entire lot, block,
      or tract of land, if by so doing the interests of the public will be
      best served, even though the entire lot, block, or tract is not
      immediately needed for the right of way proper.
         No access rights to any highway shall be acquired by any authority
      having jurisdiction and control over the highways of this state by
      adverse possession or prescriptive right.  No action heretofore or
      hereafter taken by any such authority shall form the basis for any
      claim of adverse possession of, or prescriptive right to any access
      rights by any such authority.  

         Section History: Early Form

         [C58, 62, 66, 71, 73, 75, 77, 79, 81, § 306A.5] 

         Section History: Recent Form

         89 Acts, ch 83, §39