2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 313A - INTERSTATE BRIDGES
313A.10 - RESOLUTION PRECEDENT TO ACTION.

        313A.10  RESOLUTION PRECEDENT TO ACTION.
         Before the department shall proceed with any action to secure
      right of way or with the construction of any toll bridge under the
      provisions of this chapter, it shall first pass a resolution finding
      that public interest and necessity require the acquisition of right
      of way for and the construction of such toll bridge.  Such resolution
      shall be conclusive evidence of the public necessity of such
      construction and that such property is necessary therefor.  To aid
      the department in determining the public interest, a public hearing
      shall be held in the county or counties of this state in which any
      portion of a bridge is proposed to be located.  Notice of such
      hearing shall be published at least once in a newspaper published and
      having a general circulation in the county or counties where such
      bridge is proposed to be located, not less than twenty days prior to
      the date of the hearing.  When it becomes necessary for the
      department to condemn any real estate to be used in connection with
      any such bridge, or to condemn any existing bridge, such condemnation
      shall be carried out in a manner consistent with the provisions of
      chapters 6A and 6B.  In eminent domain proceedings to acquire
      property for any of the purposes of this chapter, any bridge, real
      property, personal property, franchises, rights, easements, or other
      property or privileges appurtenant thereto appropriated or dedicated
      to a public use or purpose by any person, firm, private, public or
      municipal corporation, county, city, district or any political
      subdivision of the state, may be condemned and taken, and the
      acquisition and use thereof as herein provided for the same public
      use or purpose to which such property has been so appropriated or
      dedicated, or for any other public use or purpose, shall be deemed a
      superior and permanent right and necessity, and a more necessary use
      and purpose than the public use or purpose to which such property has
      already been appropriated or dedicated, and any condemnation award
      may be paid from the proceeds of revenue bonds issued under the
      provisions of this chapter.  

         [C71, 73, 75, 77, 79, 81, § 313A.10]