Iowa Easements and Eminent Domain: Prescriptive Rights and Takings

In Iowa, a prescriptive easement takes ten years of adverse use, and the person claiming it must prove a claim of right with evidence independent of the use itself and show the landowner had express notice of the claim (Iowa Code 564.1). On eminent domain, Iowa law since 2006 says public use does not mean economic development activities such as higher tax revenue or private commercial development, except as the statute specifically includes them (Iowa Code 6A.22), and agricultural land cannot be condemned for private development purposes unless the owner consents (Iowa Code 6A.21).

This page covers both halves of Iowa law: easements between private landowners first, then the government's power to take private property. For other states, see our guide to easement laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Iowa state law on private easements (Iowa Code chapter 564 and Iowa Supreme Court decisions), the landlocked-land condemnation right in Iowa Code 6A.4(2), and condemnation of private property (Iowa Const. art. I, sec. 18 and Iowa Code chapters 6A and 6B, with the pipeline provisions in chapter 479B). It does not cover adverse possession of title (see our Iowa squatters rights and adverse possession guide), express easement drafting, conservation or solar easements, homeowners association covenants, zoning or regulatory takings, condemnation by the federal government (covered in our national guide), or city and county ordinances.

Prescriptive Easements in Iowa

An easement by prescription is a right to use another person's land (for example, a driveway) that arises from long adverse use rather than from a deed. In Iowa the period is ten years, and the statute makes these claims harder to prove than the use alone might suggest.

Iowa Code 564.1 provides:

"In all actions hereafter brought, in which title to any easement in real estate shall be claimed by virtue of adverse possession thereof for the period of ten years, the use of the same shall not be admitted as evidence that the party claimed the easement as the party's right, but the fact of adverse possession shall be established by evidence distinct from and independent of its use, and that the party against whom the claim is made had express notice thereof; and these provisions shall apply to public as well as private claims."

Two rules follow from that text. First, using a path or driveway for ten years is not itself admitted as evidence that the user claimed it as a right; the adverse claim must be established by separate evidence. Second, the landowner must have had express notice of the claim. The statute applies to public claims as well as private ones.

A footpath alone is treated differently. Iowa Code 564.3 provides: "An easement or right-of-way for pedestrian traffic shall not be acquired by prescription or adverse use for any length of time except when claimed in connection with an easement or right-of-way to permit passage of public or private vehicular traffic."

The elements come from case law. In Johnson v. Kaster, 637 N.W.2d 174 (Iowa 2001), the Iowa Supreme Court stated: "Under Iowa law, an easement by prescription is created when a person uses another's land under a claim of right or color of title, openly, notoriously, continuously, and hostilely for ten years or more." The court added that "the owner or the grantor is required to have 'express notice' of any claim of adverse possession," citing section 564.1.

In Brede v. Koop (Iowa 2005), the Iowa Supreme Court said the facts relied on to establish a prescriptive easement "must be strictly proved. They cannot be presumed." A claim of right must be shown by evidence independent of the use, "because permissive use of land is not considered to be hostile or under a claim of right." The required notice "may be actual or established by 'known facts of such [a] nature as to impose a duty to make inquiry which would reveal [the] existence of an easement.'" In that case the owner's express notice of the claim was what started the ten-year period, and the claim failed because that notice came too late.

A prescriptive easement gives only a right to use land. A claim to own the land itself is adverse possession of title, a separate doctrine covered in our Iowa squatters rights and adverse possession guide. Iowa's ten-year limit for actions "brought for the recovery of real property" is in Iowa Code 614.1(5)(a); our Iowa statute of limitations guide lists Iowa's other filing deadlines.

How an Iowa Landowner Can Dispute a Prescriptive Claim

Iowa has a statute that lets a landowner put a user on written notice. Under Iowa Code 564.4, "When any person is in the use of a way, privilege, or other easement in the land of another, the owner of the land in such case may give notice in writing to the person claiming or using the way, privilege, or easement of the owner's intention to dispute any right arising from such claim or use."

The notice works only if it is served and recorded. Under Iowa Code 564.5, "Said notice, when served and recorded as hereinafter provided, shall be an interruption of such use, and prevent the acquiring of any right thereto by the continuance thereof." Section 564.6 requires the notice to be signed by the owner, the owner's agent or guardian, served in the same manner as in a civil action (on the tenant or occupant if the user is not in Iowa), and recorded with the return of service in the recorder's office of the county where the land is located "within three months thereafter." The notice also lets the person claiming the way sue to try the right, and that person recovers costs if they prevail (Iowa Code 564.8).

The express-notice rule in section 564.1 also bears on these disputes: a person claiming a prescriptive easement must show that the owner had express notice of the claim. Use with the owner's permission is not hostile or under a claim of right (Brede v. Koop, Iowa 2005).

Windows, Light and Air

A neighbor's windows do not create a right to light or air over the next lot. Under Iowa Code 564.2, a person who builds "any house or other building near the land of another person, with windows overlooking such land, shall not, by the mere continuance of such windows, acquire any easement of light or air, so as to prevent the erection of any building on such land."

Express, Implied and Necessity Easements

The Iowa Supreme Court has said "There are four ways to create an easement: (1) by express grant or reservation, (2) by prescription, (3) by necessity, and (4) by implication." An express easement "is an interest in land, which is within the statute of frauds and must be in writing" (Nichols v. City of Evansdale, Iowa 2004; see the statute of frauds in Iowa Code 622.32(3)).

• Easement by necessity: "the putative easement-holder must establish: (1) unity of title to the dominant and servient estates at some point prior to severance, (2) severance of title, and (3) necessity of the easement." Unlike an implied easement, it involves no showing of intent (Nichols).
• Easement by implication: the court requires a separation of title; a showing that before separation "the use giving rise to the easement was so long continued and obvious that it was manifest it was intended to be permanent"; and that the easement "is continuous rather than temporary, and that it is essential to the beneficial enjoyment of the land granted or retained" (Nichols, quoting Tamm, Inc. v. Pildis).

Landlocked Land: Condemning a Public Way in Iowa

Iowa gives an owner without access a statutory route. Iowa Code 6A.4(2) confers the power to condemn "upon the owner or lessee of lands, which have no public or private way to the lands, for the purpose of providing a public way which will connect with an existing public road."

The statute limits the size and location of the way:

• Width: "The condemned public way shall not exceed forty feet in width when such lands are agricultural or have a single residence located on them. For all other uses, the condemned public way shall not exceed sixty-six feet."
• Location: the way "shall be located on a division, subdivision or 'forty' line, or immediately adjacent thereto, and along the line which is the nearest feasible route to an existing public road, or along a route established for a period of ten years or more by an easement of record or by use and travel to and from the property by the owner and the general public. The public way shall not interfere with buildings, orchards, or cemeteries."
• Fencing and upkeep: the condemner must fence the way on both sides through enclosed land if the owner of the condemned land asks, and must maintain it; it is not part of the primary or secondary road systems (Iowa Code 6A.4(2)(c)).

This differs from a private easement in two ways: the result is a public way rather than a private right of access between two neighbors, and it is obtained by condemnation, not by a court declaring an easement. Where the landlocked parcel and the land around it were once under common ownership, the common-law easement by necessity described above is the other route.

Recorded easements, deeds and plats for a specific parcel can be looked up through county land records; our Iowa property records guide explains how to find them.

How an Iowa Easement Ends

In Page v. Cooper, 243 Iowa 836 (1952), the Iowa Supreme Court held that "An easement created by deed cannot be lost by mere nonuser, and will be extinguished only by nonuser for the statutory period of limitation, during which period the owner of the servient estate has put it to a use inconsistent with the enjoyment of the easement." Abandonment "is an affirmative defense and must be established by clear and unequivocal evidence."

Iowa's marketable record title act does not "bar or extinguish any easement or interest in the nature of an easement, the existence of which is apparent from or can be proved by physical evidence of its use" (Iowa Code 614.36). A general reference in the chain of title to an easement created before the root of title does not preserve it "unless specific identification be made therein of a recorded title transaction which creates such easement" (Iowa Code 614.32(1)). A hazardous liquid pipeline right-of-way that is abandoned when the pipeline is relocated, or is not used or operated for five consecutive years, may revert to the owner of the tract through a served notice, unless an affidavit disputing the facts is filed with the county recorder within 120 days; a right-of-way is not considered abandoned or unused if it is transporting product or "is being actively maintained with reasonable anticipation of a future use" (Iowa Code 479B.32).

Eminent Domain in Iowa

Eminent domain is the government's power to take private property for public use, with just compensation. For how other states and the federal government handle it, see our guide to eminent domain laws by state.

The Iowa Constitution's takings clause

Article I, section 18 of the Iowa Constitution provides: "Private property shall not be taken for public use without just compensation first being made, or secured to be made to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken."

Public use limits after Kelo

Iowa enacted its public-use limits in 2006 (2006 Acts, 1st Ex. ch. 1001), the year after the U.S. Supreme Court decided Kelo v. City of New London. The core rule is in Iowa Code 6A.22(1): the authority to condemn private property "may only be exercised for a public purpose, public use, or public improvement. However, if the owner of the property consents to the condemnation, the property may be condemned for any purpose."

Section 6A.22(2)(a) defines public use. The purposes it lists include "the possession, occupation, and enjoyment of property by the general public or governmental entities," and "the acquisition of any interest in property necessary to the function of a public or private utility to the extent such purpose does not include construction of aboveground merchant lines, or necessary to the function of a common carrier or airport or airport system."

Section 6A.22(2)(b) then excludes economic development:

"Except as specifically included in the definition in paragraph 'a', 'public use' or 'public purpose' or 'public improvement' does not mean economic development activities resulting in increased tax revenues, increased employment opportunities, privately owned or privately funded housing and residential development, privately owned or privately funded commercial or industrial development, or the lease of publicly owned property to a private party."

Slum and blight acquisitions

One of the purposes paragraph (a) includes is acquiring property "for redevelopment purposes and to eliminate slum or blighted conditions in that portion of an urban renewal area designated as a slum or blighted area if each parcel, or any improvements thereon, for which condemnation is sought is determined by the governing body of the municipality to be in a slum or blighted condition" (Iowa Code 6A.22(2)(a)(5)). The section adds three further rules:

• For a project or acquisition plan adopted "after due deliberation and public input," if 75 percent or more of the plan area was in a slum or blighted condition when the plan was established, the entire area is subject to condemnation; the area "shall only include the adjacent and contiguous parcels necessary for the completion of planned activities for a specific business or housing project."
• Before a municipality uses eminent domain to acquire properties in the plan area that are not in a slum or blighted condition, it must adopt a resolution by a two-thirds majority, and the resolution must find that the taking is necessary to the plan objectives, will eliminate or rehabilitate the slum and blighted conditions and, for a business project, will confer economic benefits (new or retained jobs) on the municipality.
• "In no case shall land that is agricultural land be determined to be in a slum condition or blighted condition."

Agricultural land and private development

Iowa Code 6A.21 gives agricultural land a separate protection. Public use "does not include the authority to condemn agricultural land for private development purposes unless the owner of the agricultural land consents to the condemnation."

• Private development purposes means "the construction of, or improvement related to, recreational trails, recreational development paid for primarily with private funds, aboveground merchant lines, housing and residential development, or commercial or industrial enterprise development."
• Agricultural land means real property owned in tracts of ten acres or more, not laid off into lots of less than ten acres, that "has been used for the production of agricultural commodities during three out of the past five years," as section 6A.21(1)(b) defines it in full.

The limitation has carve-outs. Section 6A.21(2) states that it "does not apply to the establishment, relocation, or improvement of a road pursuant to chapter 306, or to the establishment of a railway under the supervision of the department of transportation as provided in section 327C.2, or to an airport as defined in section 328.1, or to land acquired in order to replace or mitigate land used in a road project when federal law requires replacement or mitigation." It also does not apply to utilities and companies under the Iowa Utilities Commission's jurisdiction or other utilities with statutory condemnation power, "except to the extent such purpose includes construction of aboveground merchant lines."

Who can condemn: pipelines and utilities

Pipeline companies get condemnation power from the utility statutes. Under Iowa Code 479B.16(1), "A pipeline company granted a pipeline permit shall be vested with the right of eminent domain, to the extent necessary and as prescribed and approved by the commission, not exceeding seventy-five feet in width for right-of-way and not exceeding one acre in any one location in addition to right-of-way for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline." The commission "may grant additional eminent domain rights" where the company shows that a greater area is required. A hazardous liquid pipeline company may not negotiate or buy an easement in an affected county before the required informational meeting (Iowa Code 479B.4(6)), and may enter land to survey after ten days' written notice by restricted certified mail, paying actual damages caused (Iowa Code 479B.15). Utilities and companies under the Iowa Utilities Commission's jurisdiction are carved out of the section 6A.21 agricultural-land limit, except where the purpose includes aboveground merchant lines.

What the acquiring agency must do before condemning

Iowa Code chapter 6B sets several steps before a condemnation application is filed:

• Public hearing notice for farmland. For agricultural land that may be condemned, the acquiring agency must give each owner and contract purchaser of record written notice of a public hearing, mailed by ordinary mail "not less than thirty days before the date the hearing is held." The statute states that condemnation authority "is not conferred and condemnation proceedings shall not begin unless a good faith effort is made to mail and publish the notice" (Iowa Code 6B.2A(1)).
• Appraisal copy. The agency must send the owner, by ordinary mail, "a copy of the appraisal in its entirety" at least ten days before contacting the owner to begin negotiations; other appraisals made because of the condemnation must be provided on request (Iowa Code 6B.45(1)), and the owner may accompany at least one of the agency's appraisers during an inspection (6B.54(2)). A utility or a company under the Iowa Utilities Commission's jurisdiction instead provides, by certified mail 30 days before negotiations, "the methods and factors used in arriving at an offered price for voluntary easements including the range of cash amount of each component."
• Good-faith negotiation. The agency "shall make a good faith effort to negotiate with the owner to purchase the private property or property interest before filing an application for condemnation or otherwise proceeding with the condemnation process," and may not offer less than the fair market value it has established (Iowa Code 6B.2B).
• Notice of the authorizing vote. At least 14 days before the meeting at which the agency will consider authorizing eminent domain, it must send each owner, contract purchaser of record and known tenant notice of the meeting and of their "right to attend the meeting and to voice objection to the proposed acquisition" (Iowa Code 6B.2D; not required for state, county or city street and highway projects and certain municipal utility and city or county enterprise projects).
• Minimum land. The application must show the minimum land necessary; land beyond it "shall be presumed not to be necessary for a public use or public purpose" unless the applicant shows substantial need, an uneconomical remnant or owner consent (Iowa Code 6B.3(1)(g)). If the commission does not appraise damages within 120 days after the application is indexed, the proceeding terminates, though the applicant may start a new one (6B.3(3)(d)).

Challenging the taking itself

An owner may sue in district court to challenge the exercise of eminent domain authority or the condemnation proceedings, but the action "shall be commenced within thirty days after service of notice of assessment pursuant to section 6B.8 by the filing of a petition in district court" (Iowa Code 6A.24(1)). A contract purchaser of record and a tenant under a recorded lease also have standing. The acquiring agency must prove by a preponderance of the evidence that its public-use finding meets the statutory definition, and if the owner, contract purchaser or tenant prevails, the agency must pay their costs, including reasonable attorney fees (6A.24(3)). This deadline is separate from the 30-day appeal of the damages award.

Compensation commission, appeal and possession

A compensation commission makes the first award. The commissioners view the land and "assess the damages which the owner will sustain by reason of the appropriation," and at the request of either side the commission must divide the damages into the value of any dwelling, the value of the land and other improvements, and any additional damages (Iowa Code 6B.4, 6B.14(1)).

The appeal deadline is short. Under Iowa Code 6B.18, "any interested party may, within thirty days from the date of mailing the notice of the appraisement of damages, appeal to the district court by filing notice of appeal with the district court of the county in which the real estate is located and by giving written notice to the sheriff that the appeal has been taken." The statute names both steps: a filing with the court and written notice to the sheriff. The notice of appeal must then be served on the adverse party and any lienholder or encumbrancer, in the same manner as an original notice, within 30 days after it is filed unless the court grants more time for good cause (Iowa Code 6B.18(2)); in Department of Transportation cases it is served on the attorney general or the chief highway engineer (6B.18(3)). The appellant must file a petition "stating specifically the items of damage and the amount thereof" within 30 days after the appeal is perfected, unless the court grants more time (6B.22). Without an appeal, the commissioners' award is final (6B.17), and if the award is increased on appeal, interest is paid from the date of condemnation (6B.24).

An appeal does not hold up the project. Once the commissioners' report is filed with the sheriff, the applicant may deposit the amount assessed with the sheriff and, "except as otherwise provided, may take possession of the land condemned and proceed with the improvement," and an appeal from the assessment does not affect that right (Iowa Code 6B.25(1)). Before the appeal period runs out, the owner may ask the district court to release the part of the deposit the court finds proper (6B.25(1)(b)).

Homes get more protection. A landowner may not be dispossessed of a residence or dwelling house (with its outbuildings if the dwelling is also acquired), orchard or garden "until the damages thereto have been finally determined and paid." For state highway takings, the Department of Transportation may instead take possession 180 days after the commission files its award, once the whole award has been paid to the owner. The rule does not apply to drainage or levee improvements or public school purposes (Iowa Code 6B.26(1)).

Attorney fees and costs

Iowa Code 6B.33 provides: "The acquiring agency shall pay all costs of the assessment made by the commissioners and reasonable attorney fees and costs, including the reasonable cost of one appraisal, incurred by the condemnee as determined by the commissioners if the award of the commissioners exceeds one hundred ten percent of the final offer of the applicant prior to condemnation."

The same section sets a timing rule that is easy to miss: "The condemnee shall submit an application for fees and costs prior to adjournment of the final meeting of the compensation commission held on the matter."

On an appeal, section 6B.33 separately requires the acquiring agency to "pay all costs occasioned by the appeal, including reasonable attorney fees and the reasonable cost incurred by the property owner for one appraisal to be taxed by the court, unless on the trial thereof the same or a lesser amount of damages is awarded than was allowed by the tribunal from which the appeal was taken." If the condemner declines, after an appeal is taken, to take the property and pay the damages, it must pay the landowner's costs, damages actually suffered and reasonable attorney fees (Iowa Code 6B.34). An owner who wins a challenge to the public-use finding under section 6A.24 also recovers costs and reasonable attorney fees.

The optional 130 percent offer, expenses and relocation

Iowa's condemnation provisions on offers and compensation (Iowa Code 6B.2B, 6B.33 and 6B.54 to 6B.56) contain no percentage bonus for an owner-occupied home. Section 6B.54(3) instead allows an optional negotiated purchase: "the acquiring agency may make, and the owner may accept, a purchase offer from the acquiring agency that is an amount equal to one hundred thirty percent of the appraisal amount plus payment to the owner of expenses listed in subsection 10." There is a trade-off: "If the owner accepts such a purchase offer, the owner is barred from claiming payment from the acquiring agency for any other expenses allowed by law" (Iowa Code 6B.54). The 130 percent option does not apply to street and highway projects of the state, a county or a city (6B.54(3)). After damages have been finally determined and paid, section 6B.54(12) allows a second optional offer: thirty percent of the damages plus the subsection 10 expenses, again in place of any other expenses allowed by law, and again not for state, county or city street and highway projects.

Other payments and protections in chapter 6B include:

• Conveyance expenses. The agency reimburses the owner, "to the extent the acquiring agency deems fair and reasonable," for recording fees, transfer taxes and similar expenses of conveying the property, and for penalty costs for prepaying a preexisting recorded mortgage (Iowa Code 6B.54(10)).
• Notice to move. Section 6B.54(4) requires a project to be scheduled so that, "to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move the person's business or farm operation without at least ninety days' written notice of the date by which the move is required."
• Uneconomical remnants. If a partial taking would leave a remnant with little or no value or utility to the owner, the agency must offer to acquire it (6B.54(8)).
• Later-discovered damage. After a settlement for construction or maintenance damages, the owner has five years to renegotiate damages not apparent at the time, and must be told of that right in writing (Iowa Code 6B.52).
• No rent before payment. Rent may not be charged to a person in possession until all or part of the commission award has been paid (Iowa Code 6B.60).
• Relocation. The agency must provide, "in addition to any other sums of money in payment of just compensation, the payments and assistance required by law, in accordance with chapter 316, as if the acquiring agency were a displacing agency under that chapter" (Iowa Code 6B.42(1)). Chapter 316 provides moving and related expenses (Iowa Code 316.4) and, for an owner who occupied the home at least 180 days before negotiations began, a replacement-housing payment that generally depends on buying and occupying a replacement dwelling within one year (316.5).

Right to buy back unused property

If condemned property is not used for the purpose stated in the condemnation application and the acquiring agency seeks to dispose of it, Iowa Code 6B.56(1) requires the agency to "first offer the unused real property for sale to the prior owner." The same first offer applies if property that was used for the stated purpose is sold to a private person or entity within five years after acquisition. The prior owner (including a successor in interest) may buy within 60 days from the date the notice is served, at the lesser of the property's current appraised value or its fair market value when acquired plus cleanup costs, as the section details; the section does not apply to sales of unused right-of-way under chapter 306 (Iowa Code 6B.56).

If five years pass with the property unused, section 6B.56A requires the agency, within 60 days, to adopt a resolution either reaffirming the purpose or offering the property to the prior owner, who then has 180 days after the offer is mailed to buy; if the agency does not act, the prior owner may petition it in writing. Section 6B.56A does not apply to state, county or city street and highway projects. If the agency later sells condemned property for more than it paid, section 6B.59 requires it to pay the former owner the difference, less the cost of improvements (not for Department of Transportation acquisitions).

Inverse condemnation

When a government entity takes or damages property without a formal condemnation proceeding, the owner's claim is called inverse condemnation: "an action pursued by a property owner who claims a governmental entity has appropriated all or part of the owner's property interest without a formal condemnation proceeding." The Iowa Supreme Court applies the five-year limitation period of Iowa Code 614.1(4) to these claims. In K & W Electric, Inc. v. State (Iowa 2006), a case about recurring flooding from a highway project, the court held that the owner "must file its action for inverse condemnation within five years of the date upon which it discovers the injury to its land and the cause of the injury," and that all damages, present and future, must be sought in a single action.

Federal law in brief

In Kelo v. City of New London, 545 U.S. 469 (2005), the U.S. Supreme Court held that takings under a city's economic development plan satisfied the Fifth Amendment's public-use requirement, while emphasizing that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." Under 42 U.S.C. 4655(a), a state agency acquiring property in a program that receives federal financial assistance must give assurances that it will be guided, "to the greatest extent practicable under State law," by the federal land acquisition policies. Our guide to eminent domain laws by state covers federal condemnation.

Recent Pipeline Bills

Carbon-dioxide and hazardous-liquid pipelines have driven recent bills in the Iowa legislature; the condemnation rules described above are those in the 2026 Iowa Code.

• House File 639 (2025). This bill on hazardous liquid pipelines (common carrier requirements, Iowa Utilities Commission proceedings and permit limits) passed both chambers (enrolled text), but Governor Kim Reynolds vetoed it in its entirety on June 11, 2025 (veto message), so it did not become law.
• House File 2104 (2026). As introduced, it would provide that "a person shall not exercise the power of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the primary purpose of transporting carbon oxide." It passed the Iowa House 64-28 on January 21, 2026, but the Senate did not pass it, so it did not become law (bill history).

2025 Iowa Acts chapter 134 (Senate File 632) made a wording change to the agricultural-land definition in section 6A.21(1)(b), replacing "soil conditioners" with "beneficial substances"; the ten-acre and three-of-five-years tests did not change (2025 Acts ch. 134).

Iowa Owner Deadlines and Traps

Iowa Easement and Eminent Domain Rules at a Glance

Related Iowa Guides

• Easement laws by state
• Eminent domain laws by state
• Iowa squatters rights and adverse possession
• Iowa property records
• Iowa statute of limitations

This page provides general legal information about Iowa easement and eminent domain law, current as of 2026-10-20. It is not legal advice. For advice about a specific property or condemnation, contact a lawyer licensed in Iowa.

Last updated: 2026-10-20.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Iowa?

Ten years of adverse use (Iowa Code 564.1). The use must be open, notorious, continuous and hostile under a claim of right, the claim of right must be proven by evidence independent of the use, and the owner must have had express notice of the claim (Johnson v. Kaster, Iowa 2001).

How do I stop someone from getting a prescriptive easement on my land in Iowa?

Iowa Code 564.4 lets a landowner give written notice to a person using a way or other easement over the land of the owner's intention to dispute any right arising from that use. The notice interrupts the use only when signed, served in the same manner as in a civil action and recorded with the return of service in the county recorder's office within three months (Iowa Code 564.5, 564.6); it also lets the user sue to try the right (564.8). Separately, Iowa Code 564.1 requires a claimant to show the owner had express notice of the adverse claim, and use with the owner's permission is not hostile or under a claim of right (Brede v. Koop, Iowa 2005).

What can I do if my land is landlocked in Iowa?

Iowa Code 6A.4(2) lets the owner or lessee of land with no public or private way to it condemn a public way connecting to an existing public road. The way may be no wider than 40 feet for agricultural land or land with a single residence, 66 feet otherwise, and is located along a division, subdivision or forty line on the nearest feasible route, or along a route established for ten years or more by a recorded easement or by use. Where the parcels were once under common ownership, a court may also recognize a common-law easement by necessity (Nichols v. City of Evansdale, Iowa 2004).

Can Iowa take my property for private development?

Iowa Code 6A.22 says public use does not mean economic development activities, privately owned or funded housing or commercial development, or leasing public property to a private party, except as its definition specifically includes them (such as qualifying slum or blight acquisitions). Agricultural land cannot be condemned for private development purposes without the owner's consent (Iowa Code 6A.21). An owner may consent to a condemnation for any purpose.

Can a pipeline company use eminent domain in Iowa?

A company granted a hazardous liquid pipeline permit is vested with eminent domain to the extent necessary and as the Iowa Utilities Commission prescribes and approves, generally up to 75 feet of right-of-way and one acre in any one location plus station sites, with more allowed if the commission finds a greater area is required (Iowa Code 479B.16). Utilities under the commission's jurisdiction are carved out of the agricultural-land limit in Iowa Code 6A.21, except for aboveground merchant lines.

How long do I have to appeal a condemnation award in Iowa?

Any interested party may appeal within 30 days from the date the notice of the appraisement of damages is mailed, by filing a notice of appeal with the district court in the county where the land is located and giving written notice to the sheriff (Iowa Code 6B.18). The notice of appeal must be served within 30 days after filing, and a petition stating the damages is due within 30 days after the appeal is perfected, unless the court grants more time (6B.18(2), 6B.22). A challenge to the right to take itself must be filed within 30 days after service of the notice of assessment (Iowa Code 6A.24).

Do I get attorney fees in an Iowa eminent domain case?

Iowa Code 6B.33 requires the acquiring agency to pay the condemnee's reasonable attorney fees and costs, including one appraisal, if the commission's award exceeds 110 percent of the agency's final offer before condemnation. The condemnee must apply before the final meeting of the compensation commission adjourns. On an appeal, the agency pays costs, reasonable attorney fees and one appraisal unless the award is the same or lower (6B.33); fees are also owed if the condemner declines to take the property after an appeal (6B.34) or if an owner wins a challenge to the public-use finding (6A.24(3)).

Does Iowa pay extra for a condemned home?

Iowa's condemnation provisions on offers and compensation (Iowa Code 6B.2B, 6B.33 and 6B.54 to 6B.56) contain no percentage bonus for an owner-occupied home. Section 6B.54(3) allows an optional purchase offer of 130 percent of the appraisal plus listed expenses, and 6B.54(12) an optional post-award offer of 30 percent of the damages plus listed expenses; an owner who accepts either gives up claims for other expenses allowed by law, and neither applies to state, county or city street and highway projects.