Iowa Code » Chapter 28E — JOINT EXERCISE OF GOVERNMENTAL POWERS
Iowa Code

Iowa Code § 28E.4 (2026)

Agreement with other agencies

✓ current as of July 2026
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Any public agency of this state may enter into an agreement with one or more public or private agencies for joint or cooperative action pursuant to the provisions of this chapter, including the creation of a separate entity to carry out the purpose of the agreement. Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies involved shall be necessary before any such agreement may enter into force. [C66, 71, 73, 75, 77, 79, 81, §28E.4]

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Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1970–2023 · leading case: Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott, 862 N.W.2d 166 (Iowa 2015).
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Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott, 862 N.W.2d 166 (Iowa 2015). · cites it 2× “at § 28E.4. Yet, chapter 28E does not expressly 16 address whether or how private entities may participate in a 28E agreement exercising a public power that the private entity lacks.”
Hawkeye Foodservice Distrib., Inc. v. Iowa Educators Corp., 812 N.W.2d 600 (Iowa 2012). “§ 28E.4. However, chapter 28E imposes numerous disclosure and reporting requirements on any legal entity created by such an agreement.”
Allis-Chalmers Corp. v. Emmet Cnty. Council of Governments, 355 N.W.2d 586 (Iowa 1984). · cites it 4× “1 (1983): “Whether individual members of a separate entity created pursuant to sections 28E.4 and 28E.5, Code of Iowa, are jointly and severally liable along with said entity upon a written contract entered into only by said separate entity and a third party.”
Goreham v. Des Moines Metro. Area Solid Waste Agency, 179 N.W.2d 449 (Iowa 1970). · cites it 2× “" Sections 28E.4 and 28E.5 provide for the agreement and its contents as follows: "28E.”
State Ex Rel. Johnson v. Allen, 569 N.W.2d 143 (Iowa 1997). · cites it 2× “See Iowa Code §§ 28E.4 (requiring appropriate action of the governing body before an intergovernmental agreement is effective), 364.”
Citizens of Rising Sun v. Rising Sun City Dev. Comm., 528 N.W.2d 597 (Iowa 1995). · cites it 2× “Iowa Code section 28E.4 provides in relevant part that "[a]ny public agency of this state may enter into an agreement with one or more public or private agencies for joint or co-operative action pursuant to the provisions of this chapter.”
Auditor of the State of Iowa, Rob Sand v. An Unnamed Local Gov't Risk Pool (Iowa 2023). · cites it 2× “” Iowa Code § 28E.4. That was not done here.”
Amended June 22, 2015 Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott (Iowa 2015). “at § 28E.4. Yet, chapter 28E does not expressly 16 address whether or how private entities may participate in a 28E agreement exercising a public power that the private entity lacks.”
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