Iowa Code

Iowa Code § 327G.17 (2026)

Hearing — order

✓ current as of July 2026

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1. The department of inspections, appeals, and licensing shall hear the evidence of each party to the controversy and shall make an order, which may include, pursuant to chapters 6A and 6B, authority to condemn, resolving the controversy. The order shall include the portion of the expense to be paid by each party to the controversy. In determining what portion of the expense shall be paid by each party, the department of inspections, appeals, and licensing may consider the ratio of the benefits accruing to the railroad or the governmental unit or both, to the general public use and benefit.

2. The order of the department of inspections, appeals, and licensing is subject to\n\nTue Dec 09 22:15:06 2025 Iowa Code 2026, Chapter 327G (33, 0) 5 RAILROAD RIGHTS-OF-WAY, CROSSINGS, TRACKS, AND FENCING, §327G.28\n\nreview by the state department of transportation. The decision of the state department of transportation is the final agency action. [SS15, §2017; C24, 27, 31, 35, 39, §8022; C46, 50, 54, 58, 62, 66, 71, 73, 75, §478.23; C77, 79, 81, §327G.17; 81 Acts, ch 22, §22] 89 Acts, ch 273, §36; 2018 Acts, ch 1041, §127; 2023 Acts, ch 19, §2003 Referred to in §327G.31 \n

Notes of Decisions

Cited in 3 cases, 1994–2004 · leading case: Iowa, Chicago & E. R.R. Corp. v. Washington Cnty., Iowa, 384 F.3d 557 (8th Cir. 2004).

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Iowa, Chicago & E. R.R. Corp. v. Washington Cnty., Iowa, 384 F.3d 557 (8th Cir. 2004). “” Iowa Code § 327G.17. Before that hearing was completed, the parties obtained a stay, and IC & E commenced this action against the County and the Director of IDOT, seeking a declaratory judgment that § 327F.”

Soo Line R.R. v. Iowa Dep't of Transp., 521 N.W.2d 685 (Iowa 1994). “Iowa Code § 327G.17 (1991). A review of the ALJ’s order shows that he relied, in part, on the factor mentioned in the statute — a comparison of the benefits accruing to the City and Soo Line — to decide how to allocate the costs.”

Iowa & Chicago RR v. Washington Cnty. (8th Cir. 2004). “” Iowa Code § 327G.17. Before that hearing was completed, the parties obtained a stay, and IC&E commenced this action against the County and the Director of IDOT, seeking a declaratory judgment that § 327F.”

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