Iowa Code

Iowa Code § 306.23 (2026)

Notice — preference of sale

✓ current as of July 2026

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1. The agency in control of a tract, parcel, or piece of land, or part thereof, which is unused right-of-way shall send to the last known address of the present owner of adjacent land from which the tract, parcel, piece of land, or part thereof, was originally purchased or condemned for highway purposes, and to the person who owned the land at the time it was purchased or condemned for highway purposes, notice of the agency’s intent to sell the land, the name and address of any other person to whom a notice was sent, and the fair market value of the real property based upon one of the following:

a. An appraisal by an independent appraiser.

b. A comparable sales market analysis if the agency is the department, the sale is not a contract sale under section 306.22, subsection 2, and the determined fair market value is fifty thousand dollars or less.

2. Notice required under subsection 1 shall be hand-delivered or sent by verified mail, as defined in section 578A.2. Hand-delivered notice is deemed delivered when the recipient signs an acknowledgment of delivery. Notice sent by verified mail is deemed delivered when the notice is deposited with the United States postal service or private delivery service, and such notice is properly addressed with postage prepaid.

3. The notice shall give an opportunity to the present owner of adjacent property and to the person who owned the land at the time it was purchased or condemned for highway purposes to be heard and make offers within sixty days of the date the notice is mailed for the tract, parcel, or piece of land to be sold. An offer which equals or exceeds in amount\n\nTue Dec 09 22:16:59 2025 Iowa Code 2026, Chapter 306 (36, 0) 11 ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS, §306.27\n\nany other offer received and which equals or exceeds the fair market value of the property shall be given preference by the agency in control of the land. If no offers are received within sixty days or if no offer equals or exceeds the fair market value of the land, the agency shall transfer the land for a public purpose or proceed with the sale of the property.

4. For the purposes of this section, “public purpose” means the transfer to a state agency or a city, county, or other political subdivision for a public purpose. [C35, §4755-f2; C39, §4755.45; C46, 50, §313.54; C54, 58, 62, 66, §306.17; C71, 73, 75, 77, 79, 81, §306.23; 81 Acts, ch 98, §1; 82 Acts, ch 1104, §7] 87 Acts, ch 35, §1; 97 Acts, ch 149, §2, 3; 2024 Acts, ch 1060, §1, 2 Referred to in §331.361 \n

Notes of Decisions

Cited in 8 cases, 1974–2019 · leading case: 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).

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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 29× “See Iowa Code § 306.23 (1)-(2) (2014). The sales preference operates by requiring the agency to send notice of the agency’s intent to sell the land to the two classes of persons entitled to preference.”

Tunis E. Den Hartog v. City of Waterloo, Iowa, 926 N.W.2d 764 (Iowa 2019). · cites it 44× “Iowa Code § 306.23 . We have "recognize[d] the limited interpretive guidance available on this seldom-cited statute.”

Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014). · cites it 18× “See Iowa Code § 306.23 (1) (2013). These individuals must then be given the opportunity “to be heard and make offers within sixty days of the date the notice is mailed,” and any offer equaling or exceeding the others and exceeding fair market value must “be given preference by…”

Tunis E. Den Hartog v. City of Waterloo, Iowa (Iowa 2019). · cites it 42× “If no offers are received within sixty days or if no offer equals or exceeds the fair market value of the land, the agency shall transfer the land for a public purpose or proceed with the sale of the property. 3. For the purposes of this section, “public purpose” means the…”

Charles Gabus Ford, Inc. v. Iowa State High. Comm'n, 224 N.W.2d 639 (Iowa 1974). “On April 20, 1972 plaintiffs instituted the within action in the District Court of Polk County, seeking: (a) an injunction restraining defendant from attempting to sell its property adjacent to the parcel which was the subject of the Continental contract; (b) a declaratory…”

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 27× “” Iowa Code § 306.23 (1). It also gives a preference to the person who owned the land at the time it was acquired.”

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 18× “See Iowa Code § 306.23 (1) (2013). These individuals must then be given 1“Agency” is defined broadly in this context to mean “any governmental body which exercises jurisdiction over any road as provided in section 306.”

Anderson v. Iowa Dep't of Transp. (Iowa Ct. App. 2019). · cites it 4× “I believe Iowa Code section 306.23 (2016), governing the sale of tracts adjacent to property condemned for highway purposes, confers the necessary authority.”

— Iowa Code § 306.23(1) — 2 cases

Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014). “See Iowa Code § 306.23 (1) (2013). These individuals must then be given the opportunity “to be heard and make offers within sixty days of the date the notice is mailed,” and any offer equaling or exceeding the others and exceeding fair market value must “be given preference by…”

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 § 306.23 (1) (2013). These individuals must then be given 1“Agency” is defined broadly in this context to mean “any governmental body which exercises jurisdiction over any road as provided in section 306.”

— Iowa Code § 306.23(2) — 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). “See Iowa Code § 306.23 (1)-(2) (2014). The sales preference operates by requiring the agency to send notice of the agency’s intent to sell the land to the two classes of persons entitled to preference.”

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). “” Iowa Code § 306.23 (1). It also gives a preference to the person who owned the land at the time it was acquired.”

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 § 306.23 (1) (2013). These individuals must then be given 1“Agency” is defined broadly in this context to mean “any governmental body which exercises jurisdiction over any road as provided in section 306.”

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