If the petition for removal is dismissed, the defendant shall be reimbursed for the
reasonable and necessary expenses incurred by the defendant in making a defense, including
reasonable attorney’s fees, as determined by the court. If the petition for removal is filed by
the attorney general, the state shall pay the expenses. If the petition for removal is filed by the
county attorney or special prosecutor, the expenses shall be paid by the political subdivision
of the state represented by the county attorney or special prosecutor. The payment shall be
\n
Tue Dec 09 22:30:39 2025 Iowa Code 2026, Chapter 66 (21, 0)
5 REMOVAL FROM OFFICE, §66.29\n\nmade out of any funds in the state treasury not otherwise appropriated, or out of the county
treasury, or the general fund of the city or other subdivision of the state, as the case may be.
[S13, §1258-i; C24, 27, 31, 35, 39, §1111; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.23]
83 Acts, ch 123, §47, 209
\n
Notes of Decisions
State of Iowa v. Abraham K. Watkins, 914 N.W.2d 827 (Iowa 2018).
· cites it 12× “” Iowa Code § 66.23 . The district court found that only one of the State’s five grounds for removal actually warranted removal and, thus, 32 denied Watkins’s motion for attorney fees.”
City of Des Moines v. Dist. Court of Polk Cnty., 41 N.W.2d 36 (Iowa 1950).
· cites it 12× “The court further finds that under provisions of section 66.23, the defendant having been and being a public officer of the city of Des Moines, said attorney fees should be taxed against the city of Des Moines, together with the court costs herein, and judgment is hereby…”
State ex rel. Doyle v. Benda, 319 N.W.2d 264 (Iowa 1982).
· cites it 10× “24, The Code, and in any event at least should have taxed such expenses against the school district pursuant to section 66.23. We dismiss the appeal, reverse on the cross-appeal, and remand for further proceedings.”
William J. Burke v. City Council of City of Lansing, Iowa (Iowa Ct. App. 2017).
· cites it 6× “Section 66.23 states, “If the petition for removal is dismissed, the defendant shall be reimbursed for the reasonable and necessary expenses incurred by the defendant in making a defense, including reasonable attorney’s fees, as determined by the court.”
Hild v. Polk Cnty., 49 N.W.2d 206 (Iowa 1951).
· cites it 6× “Section 66.23 states: “Effect of dismissal.”
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.