Iowa Code

Iowa Code § 657.6 (2026)

Stay of execution

✓ current as of July 2026

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Instead of issuing a warrant, the court may order the warrant to be stayed upon motion of the defendant, if the defendant enters into an undertaking to the state, in such sum and with such surety as the court may direct, under the condition that either the defendant will discontinue the nuisance or that, within a time limited by the court, and not exceeding six months, the defendant will cause the nuisance to be abated and removed, as either is directed by the court. Upon the defendant’s failure to perform the condition of the defendant’s undertaking, the surety shall be forfeited, and the court, upon being satisfied of a default, may order the warrant forthwith to issue, and action may be brought on the undertaking. [C51, §2765; R60, §4415; C73, §4095; C97, §5084; C24, 27, 31, 35, 39, §12400; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §657.6] 2019 Acts, ch 59, §223

Notes of Decisions

Cited in 4 cases, 1991–2017 · leading case: Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).

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Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017). “§§ 657.6–.7. Chapter 657 provides a safe harbor for animal agricultural producers who manage their operations in accordance with state or federal law.”

City of Masonville v. Schmitt, 477 N.W.2d 874 (Iowa Ct. App. 1991). · cites it 2× “The warrant was not actually issued, however, and the court agreed to follow the procedures in section 657.6, which allows a defendant to post a bond, conditioned upon discontinuance of the nuisance.”

Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19 (Iowa 2017). “§§ 657.6–.7. Chapter 657 provides a safe harbor for animal agricultural producers who manage their operations in accordance with state or federal law.”

Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017). “§§ 657.6–.7. Chapter 657 provides a safe harbor for animal agricultural producers who manage their operations in accordance with state or federal law.”

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