Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, any
claimant for damages may, by serving, within twenty days after the order has been issued,
a written notice upon the agency which instituted and conducted the proceedings, appeal as
to the amount of damages, to the district court of the county in which the land is located, in
the manner and form prescribed in chapter 6B with reference to appeals from condemnation,
and the proceedings shall thereafter conform to the applicable provisions of that chapter. If,
in the opinion of the agency, the damages as finally determined on appeal are excessive, the
agency may rescind its order vacating and closing the road, part thereof, or crossing, and the
right-of-way shall remain under the jurisdiction of the agency. If the order is rescinded at any
time after an appeal is taken, the agency shall pay reasonable attorney fees incurred by the
claimant as taxed by the court.
[R60, §873; C73, §959; C97, §1513; C24, 27, §4597; C31, 35, §4597, 4755-d8; C39, §4597,
4755.43; C46, 50, §306.38, 313.52; C54, 58, 62, 66, §306.11; C71, 73, 75, 77, 79, 81, §306.17]
2003 Acts, ch 44, §114
Referred to in §306.16, 306A.6\n\nTue Dec 09 22:16:59 2025 Iowa Code 2026, Chapter 306 (36, 0)
§306.18, ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS 8
\n
Notes of Decisions
Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014).
· cites it 3× “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.”
Mulkins v. Bd. of Sup'rs of Page Cnty., 374 N.W.2d 410 (Iowa 1985).
· cites it 5× “appeal to the district court ... in the manner and form prescribed in chapter 472 with reference to appeals from condemnations, and proceedings shall thereafter conform to the applicable provisions of that chapter.”
Miller v. Warren Cnty., 285 N.W.2d 190 (Iowa 1979).
· cites it 4× “A claimant, however, could appeal the board’s order as to damages under section 306.17 which provided: Notwithstanding the terms of the Iowa administrative procedure Act, any claimant for damages may, by serving, within twenty days after the said final order has been issued, a…”
Hansell v. Massey, 59 N.W.2d 221 (Iowa 1953).
· cites it 2× “This notice was *971 in tbe form approved by section 306.17, Code of 1950, and stated all objections or claims for damages must be filed on or before noon of August 10, 1950.”
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, No. 13–0204 (Iowa May 30, 2014).
· cites it 3× “That order is then final, unless “rescinded as provided in section 306.17,” which grants unsatisfied parties the right to appeal the agency’s damages determinations in the district court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.