Iowa Code

Iowa Code § 6A.1 (2026)

Exercise of power by state

✓ current as of July 2026
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Proceedings may be instituted and maintained by the state of Iowa, or for the use and benefit thereof, for the condemnation of such private property as may be necessary for any public improvement which the general assembly has authorized to be undertaken by the state, and for which an available appropriation has been made. The executive council shall institute and maintain such proceedings in case authority to so do be not otherwise delegated. [C73, §1271; C97, §2024; S13, §2024-d; C24, 27, 31, 35, 39, §7803; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §471.1] C93, §6A.1 Condemnation for state parks and connecting highways, §461A.7, 461A.8

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Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1999–2024 · leading case: Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000).
Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000). · cites it 2× “See Iowa Code §§ 6A.1, .4, .6. The power to condemn land in Iowa is also conferred upon those who own or lease land which has no public or private access.”
ACCO Unlimited Corp. v. City of Johnston, 611 N.W.2d 506 (Iowa 2000). · cites it 2× “Iowa Code § 6A.1. This power has also been granted to cities “for public purposes which are reasonable and necessary as an incident to the powers and duties conferred upon cities.”
East Oaks Dev., Inc. v. Iowa Dep't of Transp., 603 N.W.2d 566 (Iowa 1999). · cites it 2× “Iowa Code § 6A.1. If authorization for a particular public taking has not been delegated to a particular agency or public body, it may be exercised in the name of the executive council.”
Broderick Fam., L.P. v. City of Waukee, Iowa (Iowa Ct. App. 2020). · cites it 2× “2019); see also Iowa Code § 6A.1 (2018). 3 required information, though, the acquisition plats depicted a potential right-of-way to extend Douglas Parkway across the entirety of Broderick’s property.”
Merle D. Brendeland, Janis Brendeland, Megan Russell, & Joseph Russell v. Iowa Dep't of Transp. (Iowa 2024). “§ 6A.1 (limiting takings to what “may be necessary for any public improvement”).”
Merle D. Brendeland, Janis Brendeland, Megan Russell, & Joseph Russell v. Iowa Dep't of Transp. (Iowa 2024). “§ 6A.1 (limiting takings to what “may be necessary for any public improvement”).”
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