2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 308 - MISSISSIPPI RIVER PARKWAY
308.4 - TRANSPORTATION COMMISSION DUTIES.

        308.4  TRANSPORTATION COMMISSION DUTIES.
         1.  The state transportation commission shall make such
      investigations, surveys, studies and plans in connection with any
      proposed national parkway or parkway development as it shall deem
      necessary or desirable to determine if the proposed development is
      under the terms of the Act of the United States Congress applicable
      to such parkway or any regulations under such Act and is advantageous
      to the state.  Such parkway development may be any portion of the
      proposed parkway which is proposed to be constructed as a project
      under such Act.
         2.  The state transportation commission, with the cooperation of
      the department of natural resources, shall plan, designate, and
      establish the exact routing of the great river road, utilizing the
      general guidelines established in Title 23, United States Code.
         3.  The director of transportation, with the cooperation of the
      department of natural resources, shall:
         a.  Acquire all rights in land necessary for reconstruction or
      relocation of any portions of the great river road where
      reconstruction or relocation is imperative for the safety of the
      traveling public, or where the condition or location of existing
      segments of the highway is not in keeping with the intent of this
      chapter.  Acquisitions of such rights in land shall be by gift,
      purchase, exchange, or by instituting and maintaining proceedings for
      condemnation.  Gift, purchase, exchange, and condemnation include
      acquisition of a scenic easement.  A scenic easement acquired under
      this chapter constitutes an easement both at law and in equity, and
      all legal and equitable remedies, including prohibitory and mandatory
      injunctions, are available to protect and enforce the state's
      interest in such scenic easements.  A scenic easement acquired under
      this chapter is deemed to be appurtenant to the roadway to which it
      is adjacent or from which it is visible.  The duties created by a
      scenic easement acquired under this chapter are binding upon and
      enforceable against the original owner of the land subject to the
      scenic easement and the original owner's heirs, successors, and
      assigns in perpetuity, unless the instrument creating the scenic
      easement expressly provides for a lesser duration.  A court shall not
      declare a scenic easement acquired under this chapter to have been
      extinguished or to have become unenforceable by virtue of changed
      conditions or frustration of purpose.
         b.  Accept and administer state, federal, and any other public
      or private funds made available for the acquisition of rights in land
      and for the planning and construction or reconstruction of any
      segment of the great river road, and state and federal funds for the
      maintenance of that part of the great river road constituting the
      right-of-way.  

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, 79, 81, § 308.4; 81 Acts, ch 14, § 23]
      

         Section History: Recent Form

         83 Acts, ch 198, § 17; 85 Acts, ch 108, §1; 86 Acts, ch 1245, §
      1929; 86 Acts, ch 1246, § 28; 2008 Acts, ch 1032, §45
         Referred to in § 308.7