The county board of supervisors is charged with the duty of establishing policies and
providing adequate funds to properly maintain the secondary road system. The county
engineer, pursuant to section 309.21 and board policy, shall adopt such methods and\n\nTue Dec 09 22:16:40 2025 Iowa Code 2026, Chapter 309 (40, 0)
§309.67, SECONDARY ROADS 12\n\nrecommend such personnel and equipment necessary to maintain continuously, in the best
condition practicable, the entire mileage of said system.
[S13, §1527-s15; C24, 27, 31, 35, §4660; C39, §4660, 4778; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, §309.67]
Duty to remove obstruction, chapter 318
\n
Notes of Decisions
Cited in
7
cases, 1949–1986 · leading case:
Wilson v. Nepstad, 282 N.W.2d 664 (Iowa 1979).
Wilson v. Nepstad, 282 N.W.2d 664 (Iowa 1979).
· cites it 2× “4(3) to mean simply that there is no liability for the acts of an officer or employee unless there is negligence. . . . ..... In this case, the Board of Supervisors and county engineer clearly had a duty to maintain the county roads in proper condition.”
Harryman v. Hayles, 257 N.W.2d 631 (Iowa 1977).
· cites it 2× “§§ 309.67, 319.1, 319.7, The Code, 1971. This duty runs to all those rightfully using the roads.”
Bennett v. Ida Cnty., 203 N.W.2d 228 (Iowa 1972).
· cites it 4× “egligent in one or more of the following particulars: (1) in failing to provide adequate warning devices for the motoring public to warn of the existence of a hazardous ditch; (b) in failing to properly fill and pack the area excavated for said tiling; (c) in failing to keep…”
Fritz v. Parkison, 397 N.W.2d 714 (Iowa 1986).
· cites it 2× “Further, the county, although limited in authority to enter private property extending beyond the highway line to remove obstructions, see Iowa Code §§ 309.67 , 314.7, 319.1-.15, 460.”
Droegmiller v. Olson, 40 N.W.2d 292 (Iowa 1949).
· cites it 4× “See also Code section 309.67. We, do not understand defendants contend otherwise.”
Larsen v. Pottawattamie Cnty., 173 N.W.2d 579 (Iowa 1970).
· cites it 2× “Additionally, section 309.67 mandates that boards of supervisors, with their county engineers, cause the secondary road systems to be kept in proper condition, and specifically that all bridges, including approaches, be kept open and free from obstruction.”
Conrad v. Bd. of Supervisors of Lee Cnty., 199 N.W.2d 139 (Iowa 1972).
“The county excepted to the portion of the instruction, “or who own property adjoining said road,” for the reason that such clause enlarges the duty of the county in maintaining roads beyond the requirements of statute or common law. This phase of the case is confusing.”
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.