Upon the conditions provided in this chapter for the protection of the state, the consent
of the state be and it is hereby given, to be made a party in any suit or action in any of
the district courts of Iowa, any of the United States district courts within the state or in any
other court of or in Iowa having jurisdiction of the subject matter, involving the title to real
estate, the partition of real estate, the foreclosure of liens or mortgages against real estate,
or the determination of the priorities of liens or claims against real estate, for the purpose
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Tue Dec 09 21:59:34 2025 Iowa Code 2026, Chapter 613 (28, 1)
§613.8, PARTIES — CAUSES OF ACTION — LIABILITY 2\n\nof obtaining an adjudication touching or pertaining to any mortgage or other lien or claim
which the state may have or claim to the real estate involved. The petition in the action shall
specifically allege the interest or apparent interest of the state and the specific facts upon
which the claim against the state is based and it shall be legally insufficient to allege the claim
in general terms.
[C35, §10990-g1; C39, §10990.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §613.8]
2019 Acts, ch 59, §199
Referred to in §613.10
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Notes of Decisions
Kersten Co., Inc. v. Dep't of Soc. Servs., 207 N.W.2d 117 (Iowa 1973).
· cites it 8× “8 Code 1966 for its protection, that it be made a party to any action involving (1) the title to real estate, (2) partition thereof, (3) foreclosure of liens or mortgages against real estate or (4) the determination of priorities of liens or claims against real estate, for the…”
Megee v. Barnes, 160 N.W.2d 815 (Iowa 1968).
· cites it 16× “8 Code 1966 for its protection, that it be made a party to any action involving (1) the title to real estate, (2) partition thereof, (3) foreclosure of liens or mortgages against real estate or (4) the determination of priorities of liens or claims against real estate, for the…”
Charles Gabus Ford, Inc. v. Iowa State High. Comm'n, 224 N.W.2d 639 (Iowa 1974).
· cites it 4× “” Section 613.8, The Code, sets out a general waiver of sovereign immunity by the State with respect to suits involving title to real estate, partition of real estate, lien and mortgage foreclosures and lien priority controversies.”
State v. Dvorak, 261 N.W.2d 486 (Iowa 1978).
· cites it 4× “It contends § 613.8, which waives sovereign immunity in property-related actions, is inapplicable because a Ch.”
Wittmer v. Letts, 80 N.W.2d 561 (Iowa 1957).
· cites it 2× “This, however, appears to be a first where the functioning of a County Hospital is involved. Under the ancient common law the Sovereign, generally speaking, could not be sued and this policy has come down to us and is now found in our statutes.”
State v. Dakota Cnty., Nebraska, 93 N.W.2d 595 (Iowa 1958).
· cites it 2× “It merely states: “Dakota County, Nebraska, conveyed the land in dispute to the defendants Kerns on April 29, 1953, and they are entitled to decree quieting title to same as against the State of Iowa, * * This allegation does not meet the requirements of section 613.8, 1958…”
Carson v. State, 38 N.W.2d 168 (Iowa 1949).
· cites it 2× “Plaintiff contended and the trial court held that immunity was waived because of section 613.8, Code of 1946, The contention is of doubtful merit, but.”
Conrad v. Le Moines, 112 N.W.2d 360 (Iowa 1961).
· cites it 2× “” We went on to discuss the type of immunities available to counties or other subdivisions of Government, stating their immunity, if any, unlike the State immunity, is from liability only.”
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.