Iowa Code

Iowa Code § 306.16 (2026)

Final order

✓ current as of July 2026

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After the hearing, the agency which instituted the proceedings and conducted the hearing shall enter an order either dismissing the proceedings, or vacating and closing the 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. The order thus entered shall be final except as to the amount of the damages unless the order is rescinded as provided in section 306.17. A copy of the order shall be filed with the county auditor of the county or counties in which the road, part thereof, or crossing, is located and with the department and the agency in control of any affected state land. [C31, 35, §4755-d7; C39, §4755.42; C46, 50, §313.51; C54, 58, 62, 66, §306.10; C71, 73, 75, 77, 79, 81, §306.16] Referred to in §306A.6

Notes of Decisions

Cited in 5 cases, 1976–2019 · 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 4× “16-.17. If the agency concludes the damages “as finally determined on appeal are excessive,” the agency has the option of rescinding its order, and retaining jurisdiction and control over the road.”

Bricker v. Iowa Cnty., Bd. of Supervisors, 240 N.W.2d 686 (Iowa 1976). · cites it 4× “Section 306.16 then provides: After such hearing, the [commission, board or boards] which instituted such proceedings and conducted such hearing, shall enter an order.”

Miller v. Warren Cnty., 285 N.W.2d 190 (Iowa 1979). · cites it 2× “Under section 306.16, the board’s order was final as to a party merely objecting to a closing.”

Friends of Bunker Mill Bridge, Inc. v. Washington Cnty. Bd. of Supervisors (Iowa Ct. App. 2019). · cites it 14× “Iowa Code section 306.16 states: After the hearing, the agency which instituted the proceedings and conducted the hearing shall enter an order either dismissing the proceedings, or vacating and closing the road, part thereof, or crossing, in which event it shall determine and…”

Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, James Edward Schuman, Michael J. Mac, Mary Ellen Molinaro, William James Robert, & Mark D. Fisher v. City of Waterloo (Iowa 2014). · cites it 5× “§ 306.16 (“Final order.”). That order is then final, unless “rescinded as provided in section 306.”

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