Iowa Code

Iowa Code § 327G.81 (2026)

Maintenance of improvements along rights-of-way

✓ current as of July 2026

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1. A person, including a state agency or political subdivision of the state, who acquires a railroad right-of-way after July 1, 1979, for a purpose other than farming has all of the following responsibilities concerning that right-of-way:

a. Construction, maintenance, and repair of the fence on each side of the property, however, this requirement may be waived by a written agreement with the adjoining landowner.

b. Private crossings as provided for in section 327G.11.

c. Drainage as delineated in chapter 468, subchapter V.

d. Overhead, underground, or multiple crossings in accord with section 327G.12.

e. Weed control in accord with chapter 317.

2. This section does not absolve the property owners of other duties and responsibilities that they may be assigned as property owners by law. Subsection 1, paragraph “a”, does not apply to rights-of-way located on land within the corporate limits of a city except where the acquired right-of-way is contiguous to land assessed as agricultural land. [C81, §327G.81] 2010 Acts, ch 1061, §122 \n Tue Dec 09 22:15:06 2025 Iowa Code 2026, Chapter 327G (33, 0) \n

Notes of Decisions

Cited in 2 cases, 2017–2017 · leading case: Sears v. United States, 132 Fed. Cl. 6 (Fed. Cl. 2017).

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Sears v. United States, 132 Fed. Cl. 6 (Fed. Cl. 2017). · cites it 3× “Pursuant to Iowa Code § 327G.81, this right continued when the trail operators in Hardin and Marshall Counties, ie.”

Sears v. United States (Fed. Cl. 2017). · cites it 3× “22 Pursuant to Iowa Code § 327G.81, this right continued when the trail operators in Hardin and Marshall Counties, i.”

— Iowa Code § 327G.81(1) — 2 cases

Sears v. United States, 132 Fed. Cl. 6 (Fed. Cl. 2017). “Pursuant to Iowa Code § 327G.81, this right continued when the trail operators in Hardin and Marshall Counties, ie.”

Sears v. United States (Fed. Cl. 2017). “22 Pursuant to Iowa Code § 327G.81, this right continued when the trail operators in Hardin and Marshall Counties, i.”

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