Iowa Code

Iowa Code § 364.7 (2026)

Disposal of property

✓ current as of July 2026

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A city may not dispose of an interest in real property by sale, lease for a term of more than three years, or gift, except in accordance with the following procedure:

1. The council shall set forth its proposal in a resolution and shall publish notice as\n\nTue Dec 09 22:13:50 2025 Iowa Code 2026, Chapter 364 (44, 1) §364.7, POWERS AND DUTIES OF CITIES 12\n\nprovided in section 362.3, of the resolution and of a date, time and place of a public hearing on the proposal.

2. After the public hearing, the council may make a final determination on the proposal by resolution.

3. A city may not dispose of real property by gift except to a governmental body for a public purpose. [C73, §470; C97, §883, 1001; S13, §1056-a47; C24, 27, §6205, 6206, 6580, 6602, 6738, 6739; C31, 35, §6205, 6206, 6580, 6602, 6679-c1, 6738, 6739; C39, §6205, 6206, 6580, 6602, 6679.1, 6738, 6739; C46, 50, §390.6, 403.11, 403.12, 416.108, 416.131, 419.66, 420.49, 420.50; C54, 58, 62, 66, 71, 73, §368.35, 368.39, 390.6; C75, 77, 79, 81, §364.7] 2007 Acts, ch 54, §33 Referred to in §174.15, 306.42, 364.12A, 446.19A, 476.84 \n

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1983–2021 · leading case: Lewis Investments, Inc. v. City of Iowa City, 703 N.W.2d 180 (Iowa 2005).

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Lewis Investments, Inc. v. City of Iowa City, 703 N.W.2d 180 (Iowa 2005). · cites it 2× “4, subsection 6, a city may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property under section 364.7 by conveying the property to a private individual for rehabilitation or for demolition…”

Riley v. City of Hartley, 565 N.W.2d 344 (Iowa 1997). · cites it 10× “This resolution was published pursuant to Iowa Code section 364.7 (1987). Riley then made an offer to pay $13,409, to match Barry’s offer.”

Hinders v. City of Ames, 329 N.W.2d 654 (Iowa 1983). · cites it 2× “On cross appeal, the plaintiff asserts that the district court erred in stating that: If the proposal receives an affirmative vote, the City Council is then free to follow one of two courses of action: (1) The Council may determine that disposal of the city electric utility…”

Weiss v. City of Denison, 491 N.W.2d 805 (Iowa Ct. App. 1992). · cites it 2× “Having properly done so, the city may, in the future, dispose of property as provided by Iowa Code section 364.7. The Weiss’s contend the city is taking the land to stockpile for future use by the school district.”

Phipps v. United States, 126 Fed. Cl. 674 (Fed. Cl. 2016). “See Iowa Code § 364.7 (2011). With respect to the portion of Foote Street adjacent to Claim 2, there is no evidence in the record before this court that such procedures ever were followed, or that anyone other than the town of Farragut ever has owned the portion of Foote Street…”

Erich Riesenberg v. Scott Sanders, in his Off. capacity as City Manager of the City of Des Moines & the City of Des Moines, Iowa, City Council (Iowa Ct. App. 2021). · cites it 8× “1 On appeal, Riesenberg also alleges the City violated the procedures of Iowa Code section 364.7 (2018) in providing money and property to the private company.”

Zuendel Inv., Inc. v. Bd. of Trs. of the Waterworks & Elec. Light & Power Plant of the City of Winterset, Iowa (Iowa Ct. App. 2014). · cites it 10× “In the district court, Zuendel contended the lease is an illegal gift of city property in violation of Iowa Code section 364.7 (2011). On cross-motions for summary judgment, the district court held the issue was not preserved for judicial review.”

— Iowa Code § 364.7(3) — 1 case

Zuendel Inv., Inc. v. Bd. of Trs. of the Waterworks & Elec. Light & Power Plant of the City of Winterset, Iowa (Iowa Ct. App. 2014). “In the district court, Zuendel contended the lease is an illegal gift of city property in violation of Iowa Code section 364.7 (2011). On cross-motions for summary judgment, the district court held the issue was not preserved for judicial review.”

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