A city may, except as expressly limited by the Constitution of the State of Iowa, and if
not inconsistent with the laws of the general assembly, exercise any power and perform any
function it deems appropriate to protect and preserve the rights, privileges, and property of
the city or of its residents, and to preserve and improve the peace, safety, health, welfare,
comfort, and convenience of its residents. This grant of home rule powers does not include
the power to enact private or civil law governing civil relationships, except as incident to an
exercise of an independent city power, or to enact private or civil law which violates section
675.4.
[C51, §664; R60, §1047, 1056, 1057, 1071 – 1073, 1095; C73, §454 – 456, 482, 524; C97, §680,
695, 947; C13, §695; C24, 27, 31, 35, 39, §5714, 5738, 6720; C46, 50, §366.1, 368.2, 420.31;
C54, 58, 62, 66, 71, 73, §366.1, 368.2, 420.31; C75, 77, 79, 81, §364.1]
2006 Acts, ch 1010, §95; 2024 Acts, ch 1003, §2, 7, 8
Municipal home rule, Iowa Constitution, Art. III, §38A
\n
Notes of Decisions
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
· cites it 10× “A county shall not set standards and requirements which are lower or less stringent than those imposed by state law, but may set standards and requirements which are higher or more stringent than those imposed by state law, unless a state law provides otherwise.”
Crippen v. City of Cedar Rapids, 618 N.W.2d 562 (Iowa 2000).
· cites it 6× “Iowa Code § 364.1 . In interpreting cities’ home rule power, this court has noted that “cities now have the authority to act unless a particular power has been denied them by statute.”
Gravert v. Nebergall, 539 N.W.2d 184 (Iowa 1995).
· cites it 6× “The court also concluded the chapter was preempted by Iowa Code section 364.1 (home rule for cities). Because we disagree with these conclusions we reverse and remand.”
Beth A. Madden v. City of Iowa City, 848 N.W.2d 40 (Iowa 2014).
· cites it 4× “Iowa Code § 364.1 . B. Analysis. We begin our discussion by making an important legal distinction.”
Baker v. City of Iowa City, 750 N.W.2d 93 (Iowa 2008).
· cites it 2× “Ill, § 38A; see also Iowa Code § 364.1 (allowing cities to exercise powers and perform functions “if not inconsistent with the laws of the general assembly”).”
City of Coralville v. Iowa Utils. Bd., 750 N.W.2d 523 (Iowa 2008).
· cites it 2× “An ordinance is within a municipality’s home rule authority only if it is not inconsistent with a state statute.”
Berent v. City of Iowa City, 738 N.W.2d 193 (Iowa 2007).
· cites it 2× “2d 486, 500 (Iowa 1998); Iowa Code § 364.1 . The Iowa legislature has allowed the cities a degree of discretion in determining who appoints city officials.”
Hamilton v. City of Urbandale, 291 N.W.2d 15 (Iowa 1980).
· cites it 2× “Nor do we agree with Urbandale that because these statutes may leave legislative intent in doubt the issue should be resolved in favor of the city’s construction in keeping with the spirit of the home rule amendment, supplemented by sections 364.1 and 364.2, The Code.…”
Heather K. by Anita K. v. City of Mallard, Iowa, 946 F. Supp. 1373 (N.D. Iowa 1996).
· cites it 4× “Iowa Code § 364.1 . The City’s open-burning ordinance was promulgated pursuant to this power, and the benefits of the ordinance are those envisioned by the statute.”
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.