Iowa Code

Iowa Code § 368.1 (2026)

Definitions

✓ current as of July 2026
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As used in this chapter, unless the context otherwise requires:

1. “Adjoining” means having a common boundary for not less than fifty feet. Land areas may be adjoining although separated by a roadway or waterway.

2. “Annexation” means the addition of territory to a city.

3. “Board” means the city development board established in section 368.9.

4. “Boundary adjustment” means annexation, severance or consolidation.

5. “City development” means an incorporation, discontinuance or boundary adjustment.

6. “Committee” means the board members, and the local representatives appointed as provided in sections 368.14 and 368.14A, to hear and make a decision on a petition or plan for city development.

7. “Consolidation” means the combining of two or more cities into one city.

8. “Discontinuance” means termination of a city.

9. “Incorporation” means establishment of a new city.

10. “Island” means land which is not part of a city and which is completely surrounded by the corporate boundaries of one or more cities. However, a part of the boundary of an “island” may be contiguous with a boundary of the state, a river, or similar natural barrier which prevents service access from an adjoining area of land outside the boundaries of a city.

11. “Public land” means land owned by the federal government, the state, or a political subdivision of the state.

12. “Public utility” means a public utility subject to regulation pursuant to chapter 476.

13. “Registered voter” means a person who is registered to vote pursuant to chapter 48A.

14. “Severance” means the deletion of territory from a city.

15. “Territory” means the land area or areas proposed to be incorporated, annexed, or severed, whether or not contiguous to all other areas proposed to be incorporated, annexed, or severed. Except as provided for by an agreement pursuant to chapter 28E, “territory” \n Tue Dec 09 22:13:46 2025 Iowa Code 2026, Chapter 368 (31, 1) §368.1, CITY DEVELOPMENT 2\n\nhaving a common boundary with the right-of-way of a secondary road extends to the center line of the road.

16. “Urbanized area” means any area of land within two miles of the boundaries of a city. [C58, 62, 66, 71, 73, §362.1; C75, 77, 79, 81, §368.1] 89 Acts, ch 98, §1; 89 Acts, ch 299, §1; 91 Acts, ch 187, §1; 91 Acts, ch 250, §1; 92 Acts, ch 1174, §1; 93 Acts, ch 152, §1 – 3; 94 Acts, ch 1169, §61; 2003 Acts, ch 148, §1, 9\n\n SUBCHAPTER II GENERAL PROVISIONS \n

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1952–2025 · leading case: City of Waukee v. City Dev. Bd., 590 N.W.2d 712 (Iowa 1999).
City of Waukee v. City Dev. Bd., 590 N.W.2d 712 (Iowa 1999). · cites it 8× “See Iowa Code § 368.1 (15). The Board has five members, four of whom are drawn from cities and counties throughout the state, and one of whom is appointed to represent the general public.”
City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006). · cites it 3× “§ 368.1(10) (defining an island as “land which is not part of a city and which is completely surrounded by the corporate boundaries of one or more cities”).”
Gorman v. City Dev. Bd., 565 N.W.2d 607 (Iowa 1997). · cites it 5× “” Iowa Code § 368.1 (2). Annexation law is purely statutory, and Iowa Code chapter 368 governs voluntary and involuntary annexation proceedings.”
Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Comm., 687 N.W.2d 275 (Iowa 2004). · cites it 2× “§ 368.1(10) (defining an island as “land which is not part of a city and which is completely surrounded by the corporate boundaries of one or more cities”).”
Huff v. City of Des Moines, 56 N.W.2d 54 (Iowa 1952). · cites it 2× “” Section 368.1, Code of 1950, grants general powers “for the protection of their property and inhabitants, and the preservation of peace and good order therein.”
City of Des Moines v. City Dev. Bd., 473 N.W.2d 197 (Iowa 1991). “Sections 368.1(10) and .7 by definition of “territory” appear to contemplate the existence of islands of unannexed land which would not prevent an annexation of other land.”
City of Des Moines v. City Dev. Bd., 335 N.W.2d 449 (Iowa Ct. App. 1983). · cites it 2× “An urbanized area is defined under section 368.1(12) as “the land area within three miles of the boundaries of a city of fifteen thousand or more population.”
City of Hiawatha v. City Dev. Bd., 609 N.W.2d 496 (Iowa 2000). · cites it 4× “Iowa Code § 368.1 . Hiawatha contends that the fifty-foot connection must be made with voluntary parcels.”
Anderson v. City Dev. Bd. of the Iowa, 631 N.W.2d 671 (Iowa 2001). “§ 368.1(2). This definition does not include the addition of a city to a territory.”
Marek v. Johnson (Iowa Ct. App. 2020). · cites it 6× “Iowa Code § 368.1 (8) (2016). 2 Generally, the statutory discontinuance procedure involves: (1) the city adopting a resolution of intent to discontinue; (2) the city holding a public hearing; (3) the city passing a resolution of discontinuance; (4) the city holding an election…”
City of Dubuque v. City Dev. Bd. (Iowa Ct. App. 2025). · cites it 4× “” See Iowa Code §§ 368.1 (16) (defining an “[u]rbanized area” as “any area of land within two miles of the boundaries of a city”), 368.”
City Of Asbury, Iowa Vs. The Iowa City Dev. Bd. (Iowa 2006). · cites it 3× “As a result, Dubuque pursued the annexation of twenty-nine parcels of land or approximately 704 acres.”
— Iowa Code § 368.1(1) — 1 case
City of Waukee v. City Dev. Bd., 590 N.W.2d 712 (Iowa 1999). “See Iowa Code § 368.1 (15). The Board has five members, four of whom are drawn from cities and counties throughout the state, and one of whom is appointed to represent the general public.”
— Iowa Code § 368.1(10) — 4 cases
Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Comm., 687 N.W.2d 275 (Iowa 2004). “§ 368.1(10) (defining an island as “land which is not part of a city and which is completely surrounded by the corporate boundaries of one or more cities”).”
City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006). “§ 368.1(10) (defining an island as “land which is not part of a city and which is completely surrounded by the corporate boundaries of one or more cities”).”
City of Des Moines v. City Dev. Bd., 473 N.W.2d 197 (Iowa 1991). “Sections 368.1(10) and .7 by definition of “territory” appear to contemplate the existence of islands of unannexed land which would not prevent an annexation of other land.”
City Of Asbury, Iowa Vs. The Iowa City Dev. Bd. (Iowa 2006). “As a result, Dubuque pursued the annexation of twenty-nine parcels of land or approximately 704 acres.”
— Iowa Code § 368.1(12) — 1 case
City of Des Moines v. City Dev. Bd., 335 N.W.2d 449 (Iowa Ct. App. 1983). “An urbanized area is defined under section 368.1(12) as “the land area within three miles of the boundaries of a city of fifteen thousand or more population.”
— Iowa Code § 368.1(14) — 1 case
City of Waukee v. City Dev. Bd., 590 N.W.2d 712 (Iowa 1999). “See Iowa Code § 368.1 (15). The Board has five members, four of whom are drawn from cities and counties throughout the state, and one of whom is appointed to represent the general public.”
— Iowa Code § 368.1(15) — 1 case
Gorman v. City Dev. Bd., 565 N.W.2d 607 (Iowa 1997). “” Iowa Code § 368.1 (2). Annexation law is purely statutory, and Iowa Code chapter 368 governs voluntary and involuntary annexation proceedings.”
— Iowa Code § 368.1(16) — 2 cases
City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006). “§ 368.1(10) (defining an island as “land which is not part of a city and which is completely surrounded by the corporate boundaries of one or more cities”).”
City Of Asbury, Iowa Vs. The Iowa City Dev. Bd. (Iowa 2006). “As a result, Dubuque pursued the annexation of twenty-nine parcels of land or approximately 704 acres.”
— Iowa Code § 368.1(2) — 1 case
Anderson v. City Dev. Bd. of the Iowa, 631 N.W.2d 671 (Iowa 2001). “§ 368.1(2). This definition does not include the addition of a city to a territory.”
— Iowa Code § 368.1(3) — 1 case
Marek v. Johnson (Iowa Ct. App. 2020). “Iowa Code § 368.1 (8) (2016). 2 Generally, the statutory discontinuance procedure involves: (1) the city adopting a resolution of intent to discontinue; (2) the city holding a public hearing; (3) the city passing a resolution of discontinuance; (4) the city holding an election…”
— Iowa Code § 368.1(8) — 1 case
Marek v. Johnson (Iowa Ct. App. 2020). “Iowa Code § 368.1 (8) (2016). 2 Generally, the statutory discontinuance procedure involves: (1) the city adopting a resolution of intent to discontinue; (2) the city holding a public hearing; (3) the city passing a resolution of discontinuance; (4) the city holding an election…”
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