Iowa Code » Chapter 368 — CITY DEVELOPMENT
Iowa Code

Iowa Code § 368.6 (2026)

Intent

✓ Iowa Code 2026 (laws through the 2025 session)
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It is the intent of the general assembly to provide an annexation approval procedure which gives due consideration to the wishes of the residents of territory to be annexed, and to the interests of the residents of all territories affected by an annexation. The general assembly presumes that a voluntary annexation of territory more closely reflects the wishes of the residents of territory to be annexed, and, therefore, intends that the annexation approval procedure include a presumption of validity for voluntary annexation approval. 91 Acts, ch 250, §2

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Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1958–2025 · leading case: Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Comm., 687 N.W.2d 275 (Iowa 2004).
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Pruss v. Cedar Rapids/Hiawatha Annexation Special Local Comm., 687 N.W.2d 275 (Iowa 2004). · cites it 11× “” Iowa Code § 368.6 . The legislature expressly assumed “a voluntary annexation of territory more closely reflects the wishes of the residents of territory to be annexed.”
Hawkeye Outdoor Advert., Inc. v. Bd. of Adjustment of City of Algona, 356 N.W.2d 544 (Iowa 1984). · cites it 8× “The General Assembly subsequently repealed the long list of city powers in section 368.6 and substituted general home rule power in present section 364.”
City of Waukee v. City Dev. Bd., 590 N.W.2d 712 (Iowa 1999). · cites it 2× “The district court cites as its support Iowa Code section 368.6, which states: It is the intent of the general assembly to provide an annexation approval procedure which gives due consideration to the wishes of the residents of territory to be annexed, and to the interests of…”
City of Hiawatha v. City Dev. Bd., 609 N.W.2d 496 (Iowa 2000). · cites it 10× “See Iowa Code § 368.6 . The presumption of validity of voluntary annexations states: It is the intent of the general assembly to provide an annexation approval procedure which gives due consideration to the wishes of the residents of territory to be annexed, and to the interests…”
City of Hiawatha v. City Dev. Bd., 609 N.W.2d 532 (Iowa 2000). · cites it 6× “Iowa Code section 368.6 expresses the intent of the legislature in this language: It is the intent of the general assembly to provide an annexation approval procedure which gives due consideration to the wishes of the residents of territory to be annexed, and to the interests of…”
Gorman v. City Dev. Bd., 565 N.W.2d 607 (Iowa 1997). · cites it 2× “Iowa Code § 368.6 . All applications for voluntary annexation must be approved by resolution of the city council that receives the application.”
Cole v. City of Osceola, 179 N.W.2d 524 (Iowa 1970). · cites it 2× “Defendants in written argument dwell on the provisions of section 368.6 which is concerned with regulating and licensing certain businesses and occupations.”
City of Asbury v. Iowa City Dev. Bd., 723 N.W.2d 188 (Iowa 2006). “We now consider whether Dubuque’s efforts were proper. B. Section 368.7(3) and 80/20 Voluntary Annexations Section 368.”
City of Mason City v. Zerble, 93 N.W.2d 94 (Iowa 1958). · cites it 2× “Section 368.6 gives them power to “regulate and license” hotels,- engineers, peddlers, billboards, and sales.”
Anderson v. City Dev. Bd. of the Iowa, 631 N.W.2d 671 (Iowa 2001). “§ 368.6. The record contains no evidence that the lack of the second notice to the Board, if indeed one was not provided, substantially affected the validity of the agreement.”
City of Dubuque v. City Dev. Bd., 19 N.W.3d 716 (Iowa Ct. App. 2025). · cites it 6× “” See Iowa Code § 368.6 (2023) (expressly providing “a presumption of validity for voluntary annexation approval”).”
City Of Asbury, Iowa Vs. The Iowa City Dev. Bd., No. 101 / 05-0818 (Iowa Oct. 27, 2006). “We now consider whether Dubuque’s efforts were proper. B. Section 368.”
Iowa Code § 368.6(4): 1 case
Hawkeye Outdoor Advert., Inc. v. Bd. of Adjustment of City of Algona, 356 N.W.2d 544 (Iowa 1984). “The General Assembly subsequently repealed the long list of city powers in section 368.6 and substituted general home rule power in present section 364.”
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