Iowa Code » Chapter 314 — ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
Iowa Code

Iowa Code § 314.7 (2026)

Trees — ingress or egress — drainage

✓ current as of July 2026
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Officers, employees, and contractors in charge of improvement or maintenance work on any highway shall not cut down or injure any tree growing by the wayside which does not materially obstruct the highway, or tile drains, or interfere with the improvement or maintenance of the road, and which stands in front of any city lot, farmyard orchard or feed lot, or any ground reserved for any public use. Nor shall they destroy or injure reasonable ingress or egress to any property, or turn the natural drainage of the surface water to the injury of adjoining owners. It shall be their duty to use strict diligence in draining the surface water from the public road in its natural channel. To this end they may enter upon the adjoining lands for the purpose of removing from such natural channel obstructions that impede the flow of such water. [C24, 27, §4791; C31, 35, §4644-c46; C39, §4644.44; C46, §309.44; C50, §308A.16; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §314.7]\n\nTue Dec 09 22:16:22 2025 Iowa Code 2026, Chapter 314 (37, 2) 5 ADMINISTRATIVE PROVISIONS FOR HIGHWAYS, §314.11

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Notes of Decisions
Cited in 14 cases, 1957–2018 · leading case: Lyle E. Schneider, Paul S. Kurtz & Shirley J. Kurtz, Gene J. Peters, Sterling Tops, Inc., Robert W. Bonorden & Deann M. Bonorden, Gerald W. Petersen, Richard R. Kane & Debra K. Kane, Mark A. Doepke & Michelle L. Doepke, Gloria M. Knapp Freilinger, Rudy Busch D/b/a Rudy's Sales & Serv., Paul R. Beem & Stacie L. Beem, David J. Fink & Deb Fink, Davik's Auto Body/denver Oil Co., Randall-marta Bender D/b/a Bender Enter., Inc., Tommie Brettmann D/b/a Denver Mill, Byron D. Davis & Jane P.Davis, Davis Farm & Auto, Inc., William Buss D/b/a Denver Constr., Inc., & Mike Wooldrik, As Of The Est. Of Robert Wooldrik, Vs. State Of Iowa, 789 N.W.2d 138 (Iowa 2010).
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Lyle E. Schneider, Paul S. Kurtz & Shirley J. Kurtz, Gene J. Peters, Sterling Tops, Inc., Robert W. Bonorden & Deann M. Bonorden, Gerald W. Petersen, Richard R. Kane & Debra K. Kane, Mark A. Doepke & Michelle L. Doepke, Gloria M. Knapp Freilinger, Rudy Busch D/b/a Rudy's Sales & Serv., Paul R. Beem & Stacie L. Beem, David J. Fink & Deb Fink, Davik's Auto Body/denver Oil Co., Randall-marta Bender D/b/a Bender Enter., Inc., Tommie Brettmann D/b/a Denver Mill, Byron D. Davis & Jane P.Davis, Davis Farm & Auto, Inc., William Buss D/b/a Denver Constr., Inc., & Mike Wooldrik, As Of The Est. Of Robert Wooldrik, Vs. State Of Iowa, 789 N.W.2d 138 (Iowa 2010). · cites it 38× “Iowa Code § 314.7 . The plaintiffs’ petition alleged in part that the State’s “highway construction activities were carried out in violation of section 314.”
K & W Elec., Inc. v. State, 712 N.W.2d 107 (Iowa 2006). · cites it 6× “K & W sued the State on theories of negligence, violation of Iowa Code section 314.7 (1999), and inverse condemnation, claiming a highway construction project undertaken by the Iowa Department of Transportation (DOT) in the vicinity of the plaintiff's premises caused flooding…”
Rosendahl Levy v. Iowa State High. Comm'n, 171 N.W.2d 530 (Iowa 1969). · cites it 8× “The broad power of the defendant commission is no longer debatable, and we do not understand plaintiffs to challenge it. They contend, however, that the actions of the highway commission complained of here were illegal and were in derogation of its statutory authority.”
Iowa State High. Comm'n v. Smith, 82 N.W.2d 755 (Iowa 1957). · cites it 4× “Section 314.7, Code, 1954, provides that officers in charge of improvement on any highway shall not “destroy or injure reasonable ingress or egress to any property * * *.”
Connolly v. Dallas Cnty., Iowa, 465 N.W.2d 875 (Iowa 1991). · cites it 2× “There is no evidence in the present case that the flooding of plaintiffs' lands was in any way due to waters diverted from a public roadway. 3 . The district court, although indicating that the standards fixed by §§ 613A.”
Fritz v. Parkison, 397 N.W.2d 714 (Iowa 1986). “§ 314.7. Finally, although the legislature has created a private cause of action for nuisance with respect to trees that create a health, safety, or fire hazard in any city, id.”
Lyle E. Schneider, Paul S. Kurtz & Shirley J. Kurtz, Gene J. Peters, Sterling Tops, Inc., Robert W. Bonorden & Deann M. Bonorden, Gerald W. Petersen, Richard R. Kane & Debra K. Kane, Mark A. Doepke & Michelle L. Doepke, Gloria M. Knapp Freilinger, Rudy Busch D/b/a Rudy's Sales & Serv., Paul R. Beem & Stacie L. Beem, David J. Fink & Deb Fink, Davik's Auto Body/denver Oil Co., Randall-mar (Iowa 2010). · cites it 36× “Iowa Code § 314.7 . The plaintiffs’ petition alleged in part that the State’s “highway construction activities were carried out in violation of section 314.”
K & W Elec., Inc. Vs. State Of Iowa, 712 N.W.2d 107 (Iowa 2006). · cites it 6× “K & W sued the State on theories of negligence, violation of Iowa Code section 314.7 (1999), and inverse condemnation, claiming a highway construction project undertaken by the Iowa Department of Transportation (DOT) in the vicinity of the plaintiffs premises caused flooding…”
Judy Knoer, Linda Koppie, Carolyn Larsen, & Kathy Hiatt, of the Est. of Glen Moser v. Palo Alto Cnty. Bd. of Supervisors (Iowa Ct. App. 2016). · cites it 13× “That, as advocated by the Board of Supervisors, the county road is “acting like a dam” and therefore the Board has a mandatory duty to install the culverts pursuant to Iowa Code § 314.7 . They maintain the district court prematurely picked the second scenario and wrongly granted…”
Blank v. Iowa State High. Comm'n, 109 N.W.2d 713 (Iowa 1961). · cites it 2× “Sacrifices of this character are due by all property owners for the benefit of the general public.” The States of Texas and Massachusetts seem to take a position somewhat favorable to appellants’ contention, but this is the minority rule.”
Johnson v. Iowa State High. Comm'n, 94 N.W.2d 773 (Iowa 1959). · cites it 4× “That in the taking defendant will turn the surface water from its natural channel and course onto the plaintiffs’ land in violation of section 314.7, Code of Iowa 1954.” The defendant highway commission filed answers denying the material allegations of the several petitions and…”
Wilma Kellogg v. City of Albia, Iowa (Iowa Ct. App. 2017). · cites it 2× “And in Sparks, our supreme court stated, “The rule of immunity of a governmental agency from liability for negligence in the exercise of governmental functions does not exempt it from liability for a nuisance created and maintained 4 Iowa Code section 314.7 prohibits…”
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