Iowa Code » Chapter 306 — ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS
Iowa Code

Iowa Code § 306.10 (2026)

Power to establish, alter, or vacate

✓ current as of July 2026
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In the construction, improvement, operation or maintenance of any highway, or highway system, the agency which has control and jurisdiction over such highway or highway system, shall have power, on its own motion, to alter or vacate and close any such highway or railroad crossing thereon, and to establish new highways or railroad crossing thereon which are or are intended to become a part of the highway system over which said agency has jurisdiction and control. [C73, §937, 954; C97, §1496, 1509; S13, §1509; C24, §4577, 4593, 4732; C27, 31, §4577, 4593, 4755-b27, 4755-d2; C35, §4577, 4593, 4631-e1, 4755-b27, 4755-d2; C39, §4577, 4593, 4631.1, 4755.23, 4755.37; C46, 50, §306.18, 306.34, 308.2, 313.25, 313.46; C54, 58, 62, 66, §306.4; C71, 73, 75, 77, 79, 81, §306.10]

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Notes of Decisions
Cited in 14 cases, 1960–2019 · leading case: Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014).
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Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014). · cites it 6× “, Iowa Code § 306.10 (“Power to establish, alter, or vacate.”
Christensen v. Bd. of Supervisors of Woodbury Co., 105 N.W.2d 102 (Iowa 1960). · cites it 4× “Section 306.10, relating to the board's final order in such a road matter, provides, "Said order thus entered shall be final except as to the amount of the damages.”
Hinrichs v. Iowa State High. Comm'n, 152 N.W.2d 248 (Iowa 1967). · cites it 2× “After a hearing has been held, the commission is required to enter an order in accord with Code section 306.10. To say this means the members of defendant commission must personally conduct every preroad-elosure meeting would be unreasonable and seemingly in conflict with…”
Schaller v. State Ex Rel. Iowa Dep't of Nat. Resources, 537 N.W.2d 738 (Iowa 1995). · cites it 2× “Iowa Code § 306.10 ; Mulkins v. Board of Supervisors, 330 N.”
Curtis v. Bd. of Supervisors of Clinton Cnty., 270 N.W.2d 447 (Iowa 1978). “§ 306.10, The Code. Notice and hearing procedures are provided.”
Braden v. Bd. of Supervisors of Pottawattamie Co., 157 N.W.2d 123 (Iowa 1968). · cites it 4× “" And section 306.10, states, inter alia: "Said commission or board may dismiss the proceedings, or it may vacate and close such road, part thereof, or crossing, in which event it shall determine and state in the order the amount of the damages allowed to each claimant.”
Mulkins v. Bd. of Supervisors of Page Cnty., 330 N.W.2d 258 (Iowa 1983). · cites it 2× “2d 686, 690 (Iowa 1976); Iowa Code § 306.10 . We hold plaintiffs did not acquire a vested right in this public highway or this public bridge.”
Bricker v. Iowa Cnty., Bd. of Supervisors, 240 N.W.2d 686 (Iowa 1976). · cites it 2× “Section 306.10 of the 1973 Code of Iowa grants boards of supervisors and certain other agencies authority on their own motion “to alter or vacate and close” highways.”
Mulkins v. Bd. of Sup'rs of Page Cnty., 374 N.W.2d 410 (Iowa 1985). · cites it 2× “Section 306.10 grants the county the power to vacate roads and section 306.”
Miller v. Warren Cnty., 285 N.W.2d 190 (Iowa 1979). · cites it 2× “Its authority to do so under section 306.10, The Code 1975, is not questioned.”
Brazelton Grp., L.C. v. Iowa Dep't of Transp., 623 N.W.2d 581 (Iowa 2001). · cites it 2× “Iowa Code section 306.10(1) defines “adjacent area” as within 660 feet of the highway.”
Phipps v. United States, 126 Fed. Cl. 674 (Fed. Cl. 2016). “See Iowa Code § 306.10 (2011) (“In the construction, improvement, operation or maintenance of any highway, or highway system, the agency which has control and jurisdiction over such highway or highway system, shall have power, on its own motion, to alter or vacate and close any…”
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— Iowa Code § 306.10(1) — 1 case
Brazelton Grp., L.C. v. Iowa Dep't of Transp., 623 N.W.2d 581 (Iowa 2001). “Iowa Code section 306.10(1) defines “adjacent area” as within 660 feet of the highway.”
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