2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 314 - ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
314.9 - ENTERING PRIVATE PROPERTY.

        314.9  ENTERING PRIVATE PROPERTY.
         The agency in control of a highway may after thirty days' written
      notice by restricted certified mail addressed to the owner and also
      to the occupant, enter upon private property for the purpose of
      making surveys, soundings, drillings, appraisals, and examinations as
      the agency deems appropriate or necessary to determine the
      advisability or practicability of locating and constructing a highway
      on the property or for the purpose of determining whether gravel or
      other material exists on the property of suitable quality and in
      sufficient quantity to warrant the purchase or condemnation of the
      property.  The entry shall not be deemed a trespass, and the agency
      may be aided by injunction to insure peaceful entry.  The agency
      shall pay actual damages caused by the entry, surveys, soundings,
      drillings, appraisals, or examinations.
         Any damage caused by the entry, surveys, soundings, drillings,
      appraisals, or examinations shall be determined by agreement or in
      the manner provided for the award of damages in condemnation of the
      property for highway purposes.  Soundings or drillings shall not be
      done within one hundred fifty feet of the dwelling house or within
      fifty feet of other buildings without written consent of the owner.
      

         Section History: Early Form

         [C27, 31, 35, § 4658-a1; C39, § 4658.1; C46, § 309.65; C50, §
      308A.18; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.9] 

         Section History: Recent Form

         96 Acts, ch 1126, §3