Iowa Code

Iowa Code § 625.29 (2026)

Fees — expenses

✓ current as of July 2026

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1. Unless otherwise provided by law, and if the prevailing party meets the eligibility requirements of subsection 2, the court in a civil action brought by the state or an action for judicial review brought against the state pursuant to chapter 17A other than for a rulemaking decision, shall award fees and other expenses to the prevailing party unless the prevailing party is the state. However, the court shall not make an award under this section if it finds one of the following:

a. The position of the state was supported by substantial evidence.

b. The state’s role in the case was primarily adjudicative.

c. Special circumstances exist which would make the award unjust.

d. The action arose from a proceeding in which the role of the state was to determine the eligibility or entitlement of an individual to a monetary benefit or its equivalent or to adjudicate a dispute or issue between private parties or to establish or fix a rate.

e. The proceeding was brought by the state pursuant to Title XVI.*

f. The proceeding involved eminent domain, foreclosure, collection of judgment debts, or was a proceeding in which the state was a nominal party.

g. The proceeding involved the department of administrative services under chapter 8A, subchapter IV.

h. The proceeding is a tort claim. 2. To be eligible for an award of fees and other expenses under this section, the prevailing party shall be one of the following:

a. A natural person.

b. A sole proprietorship, partnership, corporation, association, or public or private organization, any of which meets the following criteria:

(1) Its average daily employment was twenty persons or less for the twelve months preceding the filing of the action.

(2) Its gross receipts for the twelve-month period preceding the filing of the action were one million dollars or less, or its average gross receipts for the three twelve-month periods preceding the filing of the action were two million dollars or less.

3. A party seeking an award for fees and other expenses under this section must file a claim for relief as a part of the civil action or as a part of the action for judicial review brought against the state pursuant to chapter 17A. If the amount sought includes an attorney’s fees or fees for an expert, the application shall include an itemized statement for these fees indicating the actual time expended in representing the party and the rate at which the fees were computed. The party seeking relief must establish that the state’s case was not supported by substantial evidence.

4. The court, in its discretion, may reduce the amount to be awarded pursuant to this\n\nTue Dec 09 21:59:11 2025 Iowa Code 2026, Chapter 625 (20, 0) §625.29, COSTS 6\n\nsection, or deny an award, to the extent that the prevailing party, during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy.

5. An award pursuant to this section shall not personally obligate any officer or employee of this state for payment.

6. Fees and other expenses awarded under this section may be ordered in addition to any compensation awarded in a judgment. When awarding fees and other expenses against the state under this section, the court shall order the auditor of state to issue a warrant drawn on the state general fund for the amount of the award. The treasurer of state shall pay the warrant. However, if the court finds that an agency of state government, against which fees and other expenses are awarded for an action for judicial review of an agency proceeding under chapter 17A, has acted in bad faith in initiating an action deemed frivolous or without merit, then the agency shall make the payment ordered from the moneys appropriated to that agency.

7. Each agency that pays fees or other expenses for an action for judicial review of an agency proceeding under chapter 17A shall report annually to the chairs and ranking members of the appropriate appropriations subcommittees of the general assembly the amount of fees or other expenses paid during the preceding fiscal year by that agency. In its report the agency shall describe the number, nature, and amount of the awards, the claims involved in the action, and other relevant information which might aid the general assembly in evaluating the scope and impact of these awards. 83 Acts, ch 107, §2, 3; 88 Acts, ch 1134, §110; 2003 Acts, ch 145, §275 Referred to in §625.28 *This provision does not include chapters 709A, 718A, 822, 904, 913, and 914, which were moved into Title XVI by the Code editor. Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters.\n\nTue Dec 09 21:59:11 2025 Iowa Code 2026, Chapter 625 (20, 0) \n

Notes of Decisions

Cited in 23 cases (4 in the last 5 years), 1987–2026 · leading case: Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998).

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Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998). · cites it 62× “" Iowa Code § 625.29 (1)( b ) (emphasis added).”

Monroe Branstad v. State of Iowa Ex Rel. Nat. Resource Comm'n & the Iowa Dep't of Nat. Resources, 871 N.W.2d 291 (Iowa 2015). · cites it 30× “See Iowa Code § 625.29 (1)(6) (2011). Therefore, we vacate the decision of the court of appeals and affirm the.”

Robert F. Colwell, Jr. v. Iowa Dep't of Human Servs., 923 N.W.2d 225 (Iowa 2019). · cites it 16× “Iowa Code § 625.29 (2). The relevant Code provision provides, 1.”

Matter of Prop. Seized From Mcintyre, 550 N.W.2d 457 (Iowa 1996). · cites it 13× “” Iowa Code § 625.29 (3). If the State’s case is supported by substantial evidence, the court shall not make an award.”

Kent v. Emp. Appeal Bd., 498 N.W.2d 687 (Iowa 1993). · cites it 6× “Quality Chef is not subject to the provisions of Iowa Code section 625.29, which constitute a statutory exception to the general rule that a successful litigant is not entitled to either attorney fees or court costs.”

Sierra Club Iowa Chapter, Linda Biederman, & Elwood Garlock v. Iowa Dep't of Transp., 832 N.W.2d 636 (Iowa 2013). · cites it 2× “24 regarding the protection of natural areas; (3) an award to the Sierra Club for fees and expenses, pursuant to Iowa Code section 625.29; and (4) an order for such other and further relief as the court deems just and equitable.”

Burns v. Bd. of Nursing, 495 N.W.2d 698 (Iowa 1993). · cites it 2× “What we have said renders moot a trial court holding allowing attorney fees for Burns’ counsel, pursuant to Iowa Code section 625.29. Fee awards, under the statute, can be awarded only to the prevailing party.”

Ross v. Pub. Emp. Relations Bd., 417 N.W.2d 475 (Iowa Ct. App. 1987). · cites it 4× “Iowa Code § 625.29 (l)(a) (1985). Therefore, in light of our holding that the PER Board’s conclusion is supported by substantial evidence, we deny Ross’s request for attorney’s fees.”

Blaine Bolin v. Iowa Dep't of Health & Human Servs. (Iowa Ct. App. 2026). · cites it 32× “Iowa Code § 625.29 (1)(a)–(b).1 The court had already considered subsubsection 625.”

Brekke v. Iowa State Bd. of Educ., 449 N.W.2d 345 (Iowa 1989). · cites it 2× “Petitioners characterize a fifth point — entitlement to attorney fees and expenses under Iowa Code sections 625.29(2) and (3) (1987) —as error; however, there is no agency or court action on that issue from which they appeal.”

In the Matter of Prop. Seized for Forfeiture From Phillip Anthony Flora, Phillip Anthony Flora (Iowa Ct. App. 2017). · cites it 25× “2d 598, 600 (Iowa 1998); see Iowa Code § 625.29 (1). Iowa Code section 625.”

Terri Endress v. Iowa Dep't of Human Servs. (Iowa 2020). · cites it 23× “Iowa Code § 625.29 (1). However, there is an exception.”

Show all 23 citing cases →

— Iowa Code § 625.29(1) — 10 cases

Robert F. Colwell, Jr. v. Iowa Dep't of Human Servs., 923 N.W.2d 225 (Iowa 2019). “Iowa Code § 625.29 (2). The relevant Code provision provides, 1.”

Monroe Branstad v. State of Iowa Ex Rel. Nat. Resource Comm'n & the Iowa Dep't of Nat. Resources, 871 N.W.2d 291 (Iowa 2015). “See Iowa Code § 625.29 (1)(6) (2011). Therefore, we vacate the decision of the court of appeals and affirm the.”

Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998). “" Iowa Code § 625.29 (1)( b ) (emphasis added).”

Matter of Prop. Seized From Mcintyre, 550 N.W.2d 457 (Iowa 1996). “” Iowa Code § 625.29 (3). If the State’s case is supported by substantial evidence, the court shall not make an award.”

Kent v. Emp. Appeal Bd., 498 N.W.2d 687 (Iowa 1993). “Quality Chef is not subject to the provisions of Iowa Code section 625.29, which constitute a statutory exception to the general rule that a successful litigant is not entitled to either attorney fees or court costs.”

— Iowa Code § 625.29(1)(6) — 2 cases

Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998). “" Iowa Code § 625.29 (1)( b ) (emphasis added).”

— Iowa Code § 625.29(1)(a) — 2 cases

Blaine Bolin v. Iowa Dep't of Health & Human Servs. (Iowa Ct. App. 2026). “Iowa Code § 625.29 (1)(a)–(b).1 The court had already considered subsubsection 625.”

Monroe Branstad v. State of Iowa Ex Rel., Nat. Resources Comm'n & the Iowa Dep't of Nat. Resources (Iowa Ct. App. 2015).

— Iowa Code § 625.29(1)(b) — 7 cases

Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998). “" Iowa Code § 625.29 (1)( b ) (emphasis added).”

Blaine Bolin v. Iowa Dep't of Health & Human Servs. (Iowa Ct. App. 2026). “Iowa Code § 625.29 (1)(a)–(b).1 The court had already considered subsubsection 625.”

Terri Endress v. Iowa Dep't of Human Servs. (Iowa 2020). “Iowa Code § 625.29 (1). However, there is an exception.”

Julie Pfaltzgraff v. Iowa Dep't of Human Servs. (Iowa 2020).

EerieAnna Good & Carol Beal v. Iowa Dep't of Human Servs. (Iowa Ct. App. 2019).

— Iowa Code § 625.29(1)(c) — 2 cases

Monroe Branstad v. State of Iowa Ex Rel., Nat. Resources Comm'n & the Iowa Dep't of Nat. Resources (Iowa Ct. App. 2015).

In the Matter of Prop. Seized for Forfeiture From Phillip Anthony Flora, Phillip Anthony Flora (Iowa Ct. App. 2017). “2d 598, 600 (Iowa 1998); see Iowa Code § 625.29 (1). Iowa Code section 625.”

— Iowa Code § 625.29(1)(d) — 3 cases

Aiden Vasquez & Mika Covington v. Iowa Dep't of Human Servs. (Iowa 2023).

Terri Endress v. Iowa Dep't of Human Servs. (Iowa Ct. App. 2019).

EerieAnna Good & Carol Beal v. Iowa Dep't of Human Servs. (Iowa Ct. App. 2019).

— Iowa Code § 625.29(2) — 1 case

Brekke v. Iowa State Bd. of Educ., 449 N.W.2d 345 (Iowa 1989). “Petitioners characterize a fifth point — entitlement to attorney fees and expenses under Iowa Code sections 625.29(2) and (3) (1987) —as error; however, there is no agency or court action on that issue from which they appeal.”

— Iowa Code § 625.29(l) — 1 case

— Iowa Code § 625.29(l)(b) — 1 case

Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998). “" Iowa Code § 625.29 (1)( b ) (emphasis added).”

— Iowa Code § 625.29(l)(d) — 2 cases

Remer v. Bd. of Med. Examiners of the State, 576 N.W.2d 598 (Iowa 1998). “" Iowa Code § 625.29 (1)( b ) (emphasis added).”

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