2017 Iowa Code
Title VIII - TRANSPORTATION
Chapter 308 - MISSISSIPPI RIVER PARKWAY
Section 308.4 - Transportation commission duties.
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MISSISSIPPI RIVER PARKWAY, §308.4
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
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 Tit. 23, United States Code.
3. The director of transportation, with the cooperation of the department of natural
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
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.
[C62, 66, 71, 73, 75, 77, 79, 81, §308.4; 81 Acts, ch 14, §23]
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
Wed Feb 08 03:29:41 2017
Iowa Code 2017, Section 308.4 (9, 0)
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