Iowa Code
Iowa Code § 477.1 (2026)
Right-of-way
✓ current as of July 2026
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Any person, firm, and corporation, within or without the state, may construct a telegraph or telephone line or cable system along the public roads of the state, or across or under the rivers or over, under, or through any lands belonging to the state or any private individual, and may erect or install necessary fixtures. However, construction of a telegraph or telephone line or cable system along a primary road is subject to rules adopted by the state department of transportation. [C51, §780; R60, §1348; C73, §1324; C97, §2158; C24, 27, 31, 35, 39, §8300; C46, 50, 54, 58, 62, 66, 71, 73, 75, §488.1; C77, 79, 81, §477.1] 88 Acts, ch 1173, §1 Authorization in cities, §364.2
\nNotes of Decisions
Cited in 3
cases, 1985–1999 · leading case: City of Hawarden v. US West Commc'ns, Inc., 590 N.W.2d 504 (Iowa 1999).
City of Hawarden v. US West Commc'ns, Inc., 590 N.W.2d 504 (Iowa 1999). “104); accord Iowa Code §§ 477.1 , .3. In City of Des Moines, this court rejected the city’s contention that it owns title to its streets in fee and therefore holds the right, as any private party, to exact rental for their use.”
Sisco v. Iowa-Illinois Gas & Elec. Co., 368 N.W.2d 853 (Iowa Ct. App. 1985). “In this case, the court attempted to rectify the two different sections of the Code: Iowa Code § 477.1 (1983), then found at section 2158 of the 1897 Code, which indicates telephone companies have a right-of-way to construct telephone lines across public roads; and Iowa Code §…”
State v. Iowa Pub. Serv. Co., 454 N.W.2d 585 (Iowa 1990). “, Iowa Code § 477.1 (although the utilities board has authority over telegraph and telephone lines or cables, “construction of a telegraph or telephone line.”
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