Iowa Code

Iowa Code § 329.2 (2026)

Airport hazards contrary to public interest

✓ current as of July 2026
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It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared:

1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.

2. That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.

3. That this should be accomplished, to the extent legally possible, by proper exercise of the police power.

4. That the prevention of the creation or establishment of airport hazards, and the \n Tue Dec 09 22:14:56 2025 Iowa Code 2026, Chapter 329 (23, 0) §329.2, AIRPORT ZONING 2\n\nelimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which municipalities may raise and expend public funds, as an incident to the operation of airports, to acquire land or property interests therein. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.2] See §657.2(8) \n

Notes of Decisions
Cited in 7 cases, 1981–2019 · leading case: The CARROLL AIRPORT Comm'n, Appellee, v. Loren W. DANNER & Pan Danner, Appellants., 927 N.W.2d 635 (Iowa 2019).
The CARROLL AIRPORT Comm'n, Appellee, v. Loren W. DANNER & Pan Danner, Appellants., 927 N.W.2d 635 (Iowa 2019). · cites it 3× “In June 2017, the district court found that the grain leg violated state and local zoning ordinances and constituted a nuisance and an airport hazard under Iowa Code sections 329.2 and 657.2(8) (2015). The court found that the grain leg did not fall within the agricultural…”
Robert Milligan v. City of Red Oak, Iowa, 230 F.3d 355 (8th Cir. 2000). · cites it 2× “See Iowa Code § 329.2 (1999). 3 The city’s stated purpose *360 in acquiring a negative easement over Mil-ligan’s land, to avoid the creation of an airport safety hazard, is a public purpose and provides a basis for a condemnation action under both federal and Iowa law.”
State v. Bates, 305 N.W.2d 426 (Iowa 1981). “5 (acquisition of land for screening or removal of certain junkyards); § 329.2(4) (elimination of existing airport hazards).”
The Carroll Aiport Comm'n (Operating the Arthur N. Neu Mun. Airport v. Loren W. Danner & Pan Danner (Iowa Ct. App. 2018). · cites it 3× “See Iowa Code § 329.2 (providing that because “an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity,” it should be prevented or removed, as necessary).”
Loren Danner & Pan Danner v. Carroll Cnty. Bd. of Adjustment (Iowa 2019). “In June, the district court ruled on the commission’s nuisance claim and concluded “that the grain leg violated state and local zoning ordinances and constituted a nuisance and an airport hazard under Iowa Code sections 329.2 and 657.2(8) (2015).” Carroll Airport Comm’n v.”
Loren Danner & Pan Danner v. Carroll Cnty. Bd. of Adjustment (Iowa 2019). “In June, the district court ruled on the commission’s nuisance claim and concluded “that the grain leg violated state and local zoning ordinances and constituted a nuisance and an airport hazard under Iowa Code sections 329.2 and 657.2(8) (2015).” Carroll Airport Comm’n v.”
Robert Milligan v. City of Red Oak (8th Cir. 2000). · cites it 2× “See Iowa Code § 329.2 (1999).3 The city's stated purpose 3 This statute provides as follows.”
— Iowa Code § 329.2(4) — 1 case
State v. Bates, 305 N.W.2d 426 (Iowa 1981). “5 (acquisition of land for screening or removal of certain junkyards); § 329.2(4) (elimination of existing airport hazards).”
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.