2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 308 - MISSISSIPPI RIVER PARKWAY
308.9 - ESTABLISHING LOCATIONS FOR THE HIGHWAY.

        308.9  ESTABLISHING LOCATIONS FOR THE HIGHWAY.
         1. a.  When, as a result of its investigations and studies,
      the state transportation commission, in cooperation with the
      department of natural resources, finds that there may be a need in
      the future for the development and construction or reconstruction of
      segments of the great river road, and when the state transportation
      commission determines that in order to prevent conflicting costly
      economic development on areas of lands to be available for the great
      river road when needed for future development, there is need to
      establish and to inform the public of the approximate location and
      widths of new or improved segments of the great river road to be
      needed, the state transportation commission may proceed to establish
      the location and the approximate widths in the manner provided in
      this section.
         b.  The state transportation commission shall give notice and
      hold a public hearing on the matter in a convenient place in the area
      to be affected by the proposed improvement of the great river road.
      The state transportation commission shall consider and evaluate the
      testimony presented at the public hearing and shall make a study and
      prepare a map showing the location of the proposed new or
      reconstructed segment of the great river road and the approximate
      widths of right-of-way needed.  The map shall show the existing
      roadway and the property lines and record owners of lands to be
      needed.  The approval of the map shall be recorded by reference in
      the state transportation commission's minutes, and a notice of the
      action and a copy of the map showing the lands or interest in the
      lands needed in any county shall be filed in the office of the county
      recorder of that county.  Notice of the action and of the filing
      shall be published once in a newspaper of general circulation in the
      county, and within sixty days following the filing, notice of the
      filing shall be served by registered mail on the owners of record on
      the date of filing.  Using the same procedures for approval, notice
      and publications, and notice to the affected record owners, the state
      transportation commission may amend the map.
         2.  After such location is established, within the area of the
      great river road as shown on the map or in such proximity to it as to
      result in consequential damages when the rights in land for the great
      river road are acquired, a person shall not erect or move in any
      additional structure or rebuild, alter or add to any existing
      structure, without giving to the state transportation commission by
      registered mail sixty days' notice of such contemplated construction,
      alteration, or addition describing the same.  However, this
      prohibition and requirement shall not apply to any normal or
      emergency repairs or replacements which are necessary to maintain an
      existing structure of a facility in approximately its previously
      existing functioning condition.  When the rights in land for a
      segment of the great river road are acquired, damages shall not be
      allowed for any construction, alterations, or additions in violation
      of this subsection.
         3.  Without limiting any authority otherwise existing, rights in
      land needed for the great river road may be acquired at any time by
      the state, the county, or the municipality in which such segment of
      the great river road is located.  If an owner's contiguous land is
      acquired to an extent which is less than the total amount shown on
      the map as needed, consequential damages to the land not acquired
      shall be allowed as found to exist.  

         Section History: Early Form

         [C62, 66, 71, 73, § 308.5; C75, 77, 79, 81, § 308.9] 

         Section History: Recent Form

         88 Acts, ch 1158, §64; 98 Acts, ch 1075, §8; 2008 Acts, ch 1032,
      §46