Iowa Code

Iowa Code § 403.4 (2026)

Resolution of necessity

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A municipality shall not exercise the authority conferred upon municipalities by this chapter until after its local governing body has adopted a resolution finding that:

1. One or more slum, blighted or economic development areas exist in the municipality.

2. The rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the municipality. [C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.4] 85 Acts, ch 66, §2; 2020 Acts, ch 1063, §210 Referred to in §403.14, 403.15 \n

Notes of Decisions
Cited in 8 cases, 1969–2017 · leading case: Webster Realty Co. v. City of Fort Dodge, 174 N.W.2d 413 (Iowa 1970).
Webster Realty Co. v. City of Fort Dodge, 174 N.W.2d 413 (Iowa 1970). · cites it 8× “The first of these is the cry that defendant failed to comply with sections 403.4 and 403.5, which are said to set out conditions precedent to the right to adopt an urban renewal plan.”
Knudson v. City of Decorah, 622 N.W.2d 42 (Iowa 2000). · cites it 4× “Iowa Code § 403.4 (emphasis added). In addition, [a] municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined the area to be a slum area, blighted area, economic development area op a combination…”
Dilley v. City of Des Moines, 247 N.W.2d 187 (Iowa 1976). · cites it 3× “July 23,1973 the council adopted a resolution finding the 67-block urban renewal area to be a slum and blighted area in need of rehabilitation within the meaning of § 403.4 and § 403.17(8) and (9), The Code, 1973.”
Fults v. City of Coralville, 666 N.W.2d 548 (Iowa 2003). · cites it 2× “” The city council also passed a resolution of necessity pursuant to Iowa Code section 403.4, stating “investigations have been conducted which show the desirability of expanding the urban renewal areas to add and include all property shown [including the 1-80 right of way] .”
Wilson v. Iowa City, 165 N.W.2d 813 (Iowa 1969). · cites it 2× “” This resolution was obviously adopted to comply with the requirements of section 403.4, Code of Iowa. Its language is identical with the statute and its passage is a condition precedent to the exercise of urban renewal authority by a municipality.”
Sergeant Bluff-Luton Sch. Dist. v. City Council of Sioux City, 605 N.W.2d 294 (Iowa 2000). · cites it 2× “5, the city made no finding that the Virginia Meadows Addition constitutes a “slum area” or “blighted area,” see Iowa Code section 403.4(1) (no municipality shall exercise authority under urban renewal law until its local governing body has adopted a resolution finding that “one…”
McMurray v. City Council of West Des Moines, 642 N.W.2d 273 (Iowa 2002). · cites it 2× “Iowa Code § 403.4 . The urban renewal law further provides the governing body must determine the area to be an economic development area and designate it as appropriate for an urban renewal project.”
Al Brueggeman, Dan Breuker, Tom Bremer, Roger Bosma, Mark Dillehay, Randy Rowe, Allen Rowe, & Jarrod Wallace v. Osceola Cnty., Iowa & the City of Harris, Iowa (Iowa Ct. App. 2017). · cites it 2× “It stated, in part: Resolution to declare necessity and establish an urban renewal area pursuant to section 403.4 of the Code of Iowa and approve urban renewal plan and project for Osceola County Urban Renewal Area 7.”
— Iowa Code § 403.4(1) — 1 case
Sergeant Bluff-Luton Sch. Dist. v. City Council of Sioux City, 605 N.W.2d 294 (Iowa 2000). “5, the city made no finding that the Virginia Meadows Addition constitutes a “slum area” or “blighted area,” see Iowa Code section 403.4(1) (no municipality shall exercise authority under urban renewal law until its local governing body has adopted a resolution finding that “one…”
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.