Iowa Code

Iowa Code § 368.16 (2026)

Approval of proposal

✓ current as of July 2026
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Subject to section 368.17, the committee shall approve any proposal which it finds to be in the public interest. A committee shall base its finding upon all relevant information before the committee, including but not limited to the following:

1. Statements in the petition or plan, and evidence supporting those statements.

2. Recommendations of the regional planning authority for the area.

3. Commercial and industrial development.

4. Potential growth in population.

5. Cost and adequacy of existing services and facilities.

6. Potential effect of the proposal and of possible alternative proposals on the cost and adequacy of services and facilities.

7. Potential effect of the proposal on adjacent areas, and on any unit of government directly affected, including but not limited to the potential effect on future revenues of any such unit of government. [C75, 77, 79, 81, §368.16] Referred to in §368.3, 368.20 \n

Notes of Decisions
Cited in 7 cases, 1979–2004 · leading case: City of Des Moines v. City Dev. Bd., 473 N.W.2d 197 (Iowa 1991).
City of Des Moines v. City Dev. Bd., 473 N.W.2d 197 (Iowa 1991). · cites it 7× “Des Moines further contends that there is no indication in the record that the board ever considered the potential effect of the West Des Moines petition on adjacent areas, or on units of government which may be directly affected by the annexation, as required by section 368.16.…”
City of Des Moines v. City Dev. Bd., 335 N.W.2d 449 (Iowa Ct. App. 1983). · cites it 12× “The court found that the reasons for dismissing the petition came within the scope of section 368.16 which the court found applicable to voluntary annexations.”
Citizens of Rising Sun v. Rising Sun City Dev. Comm., 528 N.W.2d 597 (Iowa 1995). · cites it 17× “§ 368.16. The Committee, therefore, disapproved Rising Sun’s petition.”
Dickinson Cnty. v. City Dev. Comm., 521 N.W.2d 466 (Iowa 1994). · cites it 2× “See Iowa Code §§ 368.16 , 368.17. The committee issued a written decision in October.”
Budde v. City Dev. Bd., 276 N.W.2d 846 (Iowa 1979). “Additionally, the Committee observes rules of privilege recognized by law and may exclude certain types of evidence. IAC §§ 220.2.5(368) (1975); 220-2.”
Dunn v. City Dev. Bd. of Iowa, 623 N.W.2d 820 (Iowa 2001). · cites it 2× “Section 368.16 provides that “[sjubject to section 368.”
Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Comm., 687 N.W.2d 275 (Iowa 2004). “” Iowa Code 368.16. In this case, approval to Hiawatha was not barred and the Committee expressly determined the public interest would be better served if the Pruss property were annexed to Hiawatha and not Cedar Rapids.”
— Iowa Code § 368.16(1) — 1 case
Citizens of Rising Sun v. Rising Sun City Dev. Comm., 528 N.W.2d 597 (Iowa 1995). “§ 368.16. The Committee, therefore, disapproved Rising Sun’s petition.”
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