Iowa Code

Iowa Code § 368.19 (2026)

Time limit — election

✓ current as of July 2026

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1. The committee shall approve or disapprove the petition or plan as amended, within ninety days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision. If a petition or plan is approved, the board shall submit the proposal at an election held on a date specified in section 39.2, subsection 4, paragraph “a” or “b”, whichever is applicable, and the county commissioner of elections shall conduct the election. In a case of incorporation or discontinuance, registered voters of the territory or city may vote, and the proposal is authorized if a majority of those voting approves it. In a case of annexation or severance, registered voters of the territory and of the city may vote, and the proposal is authorized if a majority of the total number of persons voting approves it. In a case of consolidation, registered voters of each city to be consolidated may vote, and the proposal is authorized only if it receives a favorable majority vote in each city. The county commissioner of elections shall publish notice of the election as provided in section 49.53 and shall conduct the election in the same manner as other special elections.

2. The city shall provide to the commissioner of elections a map of the area to be incorporated, discontinued, annexed, severed, or consolidated, which must be approved by the commissioner as suitable for posting. The map shall be displayed prominently in at least one place within the voting precinct, and inside each voting booth.

3. The costs of an incorporation election shall be borne by the initiating petitioners if the election fails, but if the proposition is approved the cost shall become a charge of the new city. [R60, §1032, 1037, 1043, 1044; C73, §422, 423, 425, 430 – 432, 447 – 450; C97, §600 – 605, 610 – 612, 615; S13, §600 – 602, 615; C24, 27, 31, 35, 39, §5592 – 5594, 5596, 5598, 5599, 5605, 5606, 5612 – 5614; C46, 50, §362.5 – 362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26, 362.28, 362.29; C54, 58, 62, 66, 71, 73, §362.5 – 362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26; C75, 77, 79, 81, §368.19] 91 Acts, ch 250, §10; 95 Acts, ch 67, §53; 98 Acts, ch 1123, §16; 2008 Acts, ch 1115, §62, 71; 2009 Acts, ch 57, §90 Referred to in §368.3, 368.20\n\nTue Dec 09 22:13:46 2025 Iowa Code 2026, Chapter 368 (31, 1) §368.20, CITY DEVELOPMENT 12 \n

Notes of Decisions

Cited in 9 cases, 1952–2006 · leading case: City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006).

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City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006). · cites it 2× “” Iowa Code § 368.19 (2003). 7 . Section 368.”

Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Comm., 687 N.W.2d 275 (Iowa 2004). · cites it 3× “Iowa Code § 368.19 . Pruss and Cedar Rapids argue the Board acted illegally because it scheduled the election before issuing its final written opinion.”

Deer Creek Homeowners Ass'n v. City Dev. Bd., 556 N.W.2d 155 (Iowa Ct. App. 1996). · cites it 16× “That statute provides in relevant part: The committee shall approve or disapprove the petition or plan as amended, within ninety days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision.”

Dunn v. City Dev. Bd. of Iowa, 623 N.W.2d 820 (Iowa 2001). · cites it 4× “Iowa Code § 368.19 (emphasis added). After the commissioner of elections certifies the result of the election, the board serves and publishes notice of the results and files copies of the proceedings with the Secretary of State and various local entities.”

Dickinson Cnty. v. City Dev. Comm., 521 N.W.2d 466 (Iowa 1994). · cites it 2× “See Iowa Code § 368.19 . That decision set the stage for a special election on the proposed annexation.”

Huff v. City of Des Moines, 56 N.W.2d 54 (Iowa 1952). · cites it 2× “Authority for such is found in what is now section 368.19, Code of 1950. Also prior to the time in question the City had enacted a comprehensive zoning ordinance, as authorized by what is now chapter 414, Code of 1950.”

Budde v. City Dev. Bd., 276 N.W.2d 846 (Iowa 1979). “1 The Committee approved the petition for annexation and the Board ordered that the petition be submitted to electors of the City and territory to be annexed in a special election, as provided by § 368.19. Petitioners filed suit in district court against the Board and Committee…”

Citizens of Rising Sun v. Rising Sun City Dev. Comm., 528 N.W.2d 597 (Iowa 1995). · cites it 2× “See Iowa Code § 368.19 . The Committee found and concluded that the proposed city could not provide customary municipal services within a reasonable time.”

City Of Asbury, Iowa Vs. The Iowa City Dev. Bd. (Iowa 2006). · cites it 2× “” Iowa Code § 368.19 (2003). Section 368.7 has since been amended to include a fifth subsection.”

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.