Iowa Code
Iowa Code § 274.5 (2026)
Action to test reorganization
✓ current as of July 2026
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No action shall be brought questioning the legality of the organization, reorganization, enlargement, or change in the boundaries of any school corporation in this state unless brought within six months after the date of the filing of said written description in the office of said county auditor or county auditors. When the said period of limitations shall have passed, it shall be conclusively presumed that all acts and proceedings taken with reference to the said organization, reorganization, enlargement or change in boundaries were legally taken for every purpose whatsoever and that a de jure school corporation exists. [C24, 27, 31, 35, §4192; C39, §4123.3; C46, 50, 54, §274.4; C58, 62, 66, 71, 73, 75, 77, 79, 81, §274.5]
\nNotes of Decisions
Cited in 3
cases, 1953–1958 · leading case: Swan Lake Consol. Sch. Dist. v. Consol. Sch. Dist., 58 N.W.2d 349 (Iowa 1953).
Swan Lake Consol. Sch. Dist. v. Consol. Sch. Dist., 58 N.W.2d 349 (Iowa 1953). “" Section 274.5. It will be noted that the election, under the provisions of Chapter 274, at which a majority of the electors voted for the consolidation, was held on August 23, 1951.”
State ex rel. Freese v. Mid-Prairie Reorganized Cmty. Sch. Dist., 93 N.W.2d 109 (Iowa 1958). “Second — section 274.5, 1958 Code of Iowa, is a valid limitation statute against attacking legality of a school district after six months from the filing of the description of the property with the County Auditor.”
State v. Mid-prairie Reorganized Commun. Sch. Dist., 93 N.W.2d 109 (Iowa 1958). “We hold plaintiff cannot now challenge the legality of the formation of the district for two reasons: Firsthe is guilty of laches in the commencement of his action.”
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