Iowa Code

Iowa Code § 306.22 (2026)

Sale of unused right-of-way

✓ current as of July 2026

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1. When title to any tract of land has been or may be acquired for the construction or improvement of any highway, and when in the judgment of the agency in control of the highway, the tract will not be used in connection with or for the improvement, maintenance, or use of the highway, the agency in control of the highway may sell the tract for cash.

2. The department may contract for the sale of any tract of land subject to the following terms and conditions:

a. The discounted present market value of the contract offer, including the cash down payment, shall exceed one hundred ten percent of the highest cash offer submitted for the tract if a cash offer is received. The discount rate shall be the rate of interest stated in the contract.

b. The cash down payment shall be equal to or in excess of five percent of the total purchase price.

c. The term of the contract shall not exceed ten years.

d. The rate of interest stated in the contract shall not be less than the prevailing rate of interest charged on contract land sales by sellers in the county or general area in which the tract of land is located.

e. The department shall advertise for cash bids and contract offers before accepting a contract offer.

f. The appraised value of property sold under a land contract sale shall be at least five thousand dollars.

g. Any tract of land sold on contract shall be listed on the tax rolls by and taxed to the contract purchaser, as provided in chapters 428 and 443; assessed and valued as provided in chapter 441; taxes levied as provided in chapter 444; collected as provided in chapter 445; and subject to tax sale, redemption, and apportionment of taxes as provided in chapters 446 through 449. The contract purchaser shall discharge and pay all taxes.

3. If any tract of land is sold, the sale shall be subject to the right of a utility association, company, or corporation to continue in possession of a right-of-way in use at the time of the sale. [C35, §4755-f1; C39, §4755.44; C46, 50, §313.53; C54, 58, 62, 66, §306.16; C71, 73, 75, 77, 79, 81, §306.22] 86 Acts, ch 1245, §1987; 92 Acts, ch 1163, §71; 2010 Acts, ch 1061, §180; 2021 Acts, ch 80, §158 Referred to in §306.23, 306.42 \n

Notes of Decisions

Cited in 7 cases, 1968–2017 · 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 50× “See Iowa Code § 306.22 (“Sale of unused right-of-way”).”

Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, Mary Ellen Molinaro, William James Robert, & Mark D. Fisher v. City of Waterloo, Iowa, 891 N.W.2d 430 (Iowa 2017). · cites it 2× “1 Iowa Code *437 § 306.22. We have held this statute applies both to land acquired for highway purposes, but never used, and to land acquired and used for highway purposes that are discontinued.”

River Bend Farms, Inc. v. M & P Missouri River Levee Dist., 324 N.W.2d 460 (Iowa 1982). · cites it 4× “Provided that, in the condemnation of right of way for secondary roads, the board of supervisors may proceed as provided in sections 306.22 to 306.31, both inclusive.”

Frost v. Cedar Cnty. Bd. of Supervisors Ex Rel. Cedar Cnty., 163 N.W.2d 432 (Iowa 1968). · cites it 2× “Section 306.22 provides if the board and the landowners are unable to agree on the amount to be paid for the land for such road improvement then the board shall select one appraiser, the owner shall select one appraiser and these two shall select a third.”

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 44× “See Iowa Code § 306.22 (“Sale of unused right-of-way.”

Amended May 3, 2017 Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, Mary Ellen Molinaro, William James Robert, & Mark D. Fisher v. City of Waterloo, Iowa (Iowa 2017). · cites it 5× “1 Iowa Code § 306.22 . We have held this statute applies both to land acquired for highway purposes, but never used, and to land acquired and used for highway purposes that are discontinued.”

Ross v. Linn Cnty. Bd. of Supervisors, 182 N.W.2d 121 (Iowa 1970). “Provided that, in the *124 condemnation of right of way for secondary roads, the board of supervisors may proceed as provided in sections 306.22 to 306.31, both inclusive.”

— Iowa Code § 306.22(1) — 4 cases

Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, Mary Ellen Molinaro, William James Robert, & Mark D. Fisher v. City of Waterloo, Iowa, 891 N.W.2d 430 (Iowa 2017). “1 Iowa Code *437 § 306.22. We have held this statute applies both to land acquired for highway purposes, but never used, and to land acquired and used for highway purposes that are discontinued.”

Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014). “See Iowa Code § 306.22 (“Sale of unused right-of-way”).”

Amended May 3, 2017 Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, Mary Ellen Molinaro, William James Robert, & Mark D. Fisher v. City of Waterloo, Iowa (Iowa 2017). “1 Iowa Code § 306.22 . We have held this statute applies both to land acquired for highway purposes, but never used, and to land acquired and used for highway purposes that are discontinued.”

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). “See Iowa Code § 306.22 (“Sale of unused right-of-way.”

— Iowa Code § 306.22(2) — 2 cases

Amended May 3, 2017 Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, Mary Ellen Molinaro, William James Robert, & Mark D. Fisher v. City of Waterloo, Iowa (Iowa 2017). “1 Iowa Code § 306.22 . We have held this statute applies both to land acquired for highway purposes, but never used, and to land acquired and used for highway purposes that are discontinued.”

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). “See Iowa Code § 306.22 (“Sale of unused right-of-way.”

— Iowa Code § 306.22(3) — 2 cases

Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014). “See Iowa Code § 306.22 (“Sale of unused right-of-way”).”

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). “See Iowa Code § 306.22 (“Sale of unused right-of-way.”

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