Iowa Code

Iowa Code § 384.66 (2026)

Test of regularity

✓ current as of July 2026
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1. A person having an interest in property subject to special assessment may, within twenty days after the adoption of a resolution of necessity, test the regularity of the proceedings or legality of the assessment procedure by a petition in equity filed in the district court of the county where the property is located. A petition does not stay further proceedings on the improvement by the council, unless there is also filed a bond in an amount and with security approved by the court.

2. A person having an interest in any property specially assessed may appeal from the amount of the assessment, at any stage of the special assessment procedure up to twenty days after the final publication of notice of filing of the final assessment schedule, by petition to the district court of the county where the property is located but such appeal is only to the amount of that assessment and does not stay further proceedings by the council on the improvement. No action shall be brought appealing the amount of any special assessment from and after twenty days after said final publication.

3. A person having an interest in property subject to special assessment has a right of appeal to the district court on the ground of fraud.

4. No action may be brought questioning the regularity of the proceedings pertaining to special assessments or the validity of any special assessment levied for any public\n\nTue Dec 09 22:13:33 2025 Iowa Code 2026, Chapter 384 (48, 2) 43 CITY FINANCE, §384.68\n\nimprovement under this subchapter, from and after sixty days after the final publication of notice of filing the final assessment schedule. [C97, §839; S13, §792-c, -f, 840-a; SS15, §840-r; C24, 27, 31, 35, 39, §6063 – 6065, 6091; C46, §391.88 – 391.90, 395.13; C50, §391.88 – 391.90, 391A.28, 395.13; C54, 58, 62, 66, 71, 73, §391.88 – 391.90, 391A.31, 395.13; C75, 77, 79, 81, §384.66] 2017 Acts, ch 29, §109; 2018 Acts, ch 1041, §127 Referred to in §331.384, 357E.11A, 358.16, 364.13B, 384.54 \n

Notes of Decisions
Cited in 6 cases, 1982–2018 · leading case: Holding v. Franklin Cnty. Zoning Bd. of Adjustment, 565 N.W.2d 318 (Iowa 1997).
Holding v. Franklin Cnty. Zoning Bd. of Adjustment, 565 N.W.2d 318 (Iowa 1997). · cites it 8× “18, we think, for the reasons we have explained, it should also be interpreted to allow a challenge to the board's action by filing a petition for certiorari anytime until thirty days after filing of the board's decision.”
Tombergs v. City of Eldridge, 433 N.W.2d 731 (Iowa 1988). · cites it 6× “This case involves the scope of the district court’s authority to consider special assessment appeals under the procedure authorized by Iowa Code section 384.66(2) (1987). 1 The question is one of timing: When may an aggrieved party first appeal an assessment? Here the district…”
Sharon K. Nelson G. Jean Connelly John P. Rusinack & Beverly A. Rusinack, Husband & Wife & Lois Johnson v. City of Hampton, Iowa, 802 N.W.2d 224 (Iowa 2011). · cites it 6× “Instead, the plaintiffs have brought an equity claim predicated on the perceived unfairness of allowing the city to assess lot owners for improvements it made when a city ordinance directs the improvements to be made by a private subdivider.”
Slater v. Inc. Town of Adel, 324 N.W.2d 482 (Iowa 1982). · cites it 4× “Iowa Code § 384.66 (1981). Two main issues involving compliance with chapter 384 are raised: 1) whether plaintiffs received adequate notice and a fair hearing; and 2) whether a unanimous vote was required to pass the improvement ordinance.”
Interchange Partners, L.L.C. v. City of West Des Moines, 918 N.W.2d 502 (Iowa Ct. App. 2018). · cites it 10× “Iowa Code § 384.66 . "Special assessment" is not defined in chapter 384.”
Blobaum v. City of Strawberry Point (Iowa Ct. App. 2018). · cites it 2× “See Iowa Code § 384.66 (2) (2014) (“A person having an interest in any property specially assessed may appeal from the amount of the assessment, at any stage of the special assessment procedure up to twenty days after the final publication of notice of filing of the final…”
— Iowa Code § 384.66(1) — 2 cases
Sharon K. Nelson G. Jean Connelly John P. Rusinack & Beverly A. Rusinack, Husband & Wife & Lois Johnson v. City of Hampton, Iowa, 802 N.W.2d 224 (Iowa 2011). “Instead, the plaintiffs have brought an equity claim predicated on the perceived unfairness of allowing the city to assess lot owners for improvements it made when a city ordinance directs the improvements to be made by a private subdivider.”
Interchange Partners, L.L.C. v. City of West Des Moines, 918 N.W.2d 502 (Iowa Ct. App. 2018). “Iowa Code § 384.66 . "Special assessment" is not defined in chapter 384.”
— Iowa Code § 384.66(2) — 2 cases
Holding v. Franklin Cnty. Zoning Bd. of Adjustment, 565 N.W.2d 318 (Iowa 1997). “18, we think, for the reasons we have explained, it should also be interpreted to allow a challenge to the board's action by filing a petition for certiorari anytime until thirty days after filing of the board's decision.”
Tombergs v. City of Eldridge, 433 N.W.2d 731 (Iowa 1988). “This case involves the scope of the district court’s authority to consider special assessment appeals under the procedure authorized by Iowa Code section 384.66(2) (1987). 1 The question is one of timing: When may an aggrieved party first appeal an assessment? Here the district…”
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