Iowa Code

Iowa Code § 306.38 (2026)

Rental of acquired property pending use

✓ current as of July 2026

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In the event that land acquired for improvement of any highway is not immediately needed for such improvement, the agency in control of said highway may rent such land or buildings thereon to responsible persons for a cash rental consistent with the fair market value of similar property. The said agency may employ a local real estate firm for management and collection of rentals or may do so directly through its own personnel. The commission or service charge of such real estate company shall be paid out of such rentals. [C62, 66, §306.32; C71, 73, 75, 77, 79, 81, §306.38]

Notes of Decisions

Cited in 4 cases, 1960–2014 · 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 5× “§ 306.38 (granting agency authority to rent previously acquired property pending future use).”

River Bend Farms, Inc. v. M & P Missouri River Levee Dist., 324 N.W.2d 460 (Iowa 1982). · cites it 4× “If the road has been established or altered on condition that the petitioners therefor pay the damages, such notice shall be served on the four persons first named in the petition, if there be that many residing in the county, in the manner in which an original notice may be…”

Christensen v. Bd. of Supervisors of Woodbury Co., 105 N.W.2d 102 (Iowa 1960). · cites it 4× “In this action in equity plaintiffs are granted a right to appeal from the action of defendant in denying damages, in spite of plaintiffs' failure to appeal within 20 days, as provided in Section 306.38, 1950 Iowa Code, I.C.A. 2.”

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 6× “§ 306.38 (granting agency authority to rent previously acquired property pending future use).”

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