Iowa Code

Iowa Code § 6A.4 (2026)

Right conferred

✓ current as of July 2026

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The right to take private property for public use is hereby conferred:

1. Counties. Upon all counties for public purposes which are reasonable and necessary as an incident to the powers and duties conferred upon counties. \n Tue Dec 09 22:34:39 2025 Iowa Code 2026, Chapter 6A (27, 1) §6A.4, EMINENT DOMAIN LAW (CONDEMNATION) 2\n\n 2. Owners of land without a way to the land. Upon the owner or lessee of lands, which have no public or private way to the lands, for the purpose of providing a public way which will connect with an existing public road.

a. The condemned public way shall not exceed forty feet in width when such lands are agricultural or have a single residence located on them. For all other uses, the condemned public way shall not exceed sixty-six feet.

b. The condemned public way shall be located on a division, subdivision or “forty” line, or immediately adjacent thereto, and along the line which is the nearest feasible route to an existing public road, or along a route established for a period of ten years or more by an easement of record or by use and travel to and from the property by the owner and the general public. The public way shall not interfere with buildings, orchards, or cemeteries.

c. When passing through enclosed lands, the public way shall be fenced on both sides by the condemner upon request of the owner of the condemned land. The condemner or the condemner’s assignee shall provide easement for access to the owner of property severed by the condemnation. The public way shall be maintained by the condemner or the condemner’s assignee, and shall not be considered any part of the primary or secondary road systems.

d. A public way condemned under this subsection shall not be considered an existing public road in subsequent condemnations to provide a public way for access to an existing public road.

3. Owners of mineral lands. Upon all owners, lessees, or possessors of land, for a railway right-of-way thereto not exceeding one hundred feet in width and located wherever necessary or practical, when such lands have no railway thereto and contain coal, stone, gravel, lead, or other minerals and such railway is necessary in order to reach and operate any mine, quarry, or gravel bed on said land and transport the products thereof to market. Such right-of-way shall not interfere with buildings, orchards, or cemeteries, and when passing through enclosed lands, fences shall be built and maintained on both sides thereof by the party condemning the land and by that party’s assignees. The jury, in the assessment of damages, shall consider the fact that a railway is to be constructed thereon.

4. Cemetery associations. Upon any private cemetery or cemetery association which is incorporated under the laws of this state relating to corporations not for pecuniary profit, and having its cemetery located outside the limits of a city, for the purpose of acquiring necessary grounds for cemetery use or reasonable additions thereto. The right granted in this subsection shall not be exercised until the board of supervisors, of the county in which the land sought to be condemned is located, has, on written application and hearing, on such reasonable notice to all interested parties as it may fix, found that the land, describing it, sought to be condemned, is necessary for cemetery purposes. The association shall pay all costs attending such hearing.

5. Subdistricts of soil and water conservation districts. Upon a subdistrict of a soil and water conservation district for land or rights or interests in the land as reasonable and necessary to carry out the purposes of the subdistrict.

6. Cities. Upon all cities for public purposes which are reasonable and necessary as an incident to the powers and duties conferred upon cities.

1. [S13, §2024-f; C24, 27, 31, 35, 39, §7806; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §471.4; 81 Acts, ch 117, §1084]

2. [C97, §2028; S13, §2028; C24, 27, 31, 35, 39, §7806; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §471.4]

3. [C97, §2028, 2031; S13, §2028; C24, 27, 31, 35, 39, §7806; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §471.4]

4. [S13, §1644-a – e; C24, 27, 31, 35, 39, §7806; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §471.4]

5. [C62, 66, 71, 73, 75, 77, 79, 81, S81, §471.4]

6. [R60, §1064; C73, §464, 470, 474; C97, §722, 880, 881; S13, §722, 729-b, 741-s; SS15, §741-d, 879-t, 880, 881; C24, 27, 31, 35, 39, §6134, 6195 – 6197, 6740; C46, §397.8, 403.1 – 403.3; C50, §391A.3, 397.8, 403.1 – 403.3, 420.51; C54, 62, 66, 71, 73, §368.37, 397.8; C75, 77, 79, 81, S81, §471.4] 83 Acts, ch 67, §1; 87 Acts, ch 23, §55 \n Tue Dec 09 22:34:39 2025 Iowa Code 2026, Chapter 6A (27, 1) 3 EMINENT DOMAIN LAW (CONDEMNATION), §6A.9\n\n C93, §6A.4 2006 Acts, 1st Ex, ch 1001, §1, 49; 2008 Acts, ch 1032, §201 Referred to in §364.12A \n

Notes of Decisions

Cited in 28 cases (1 in the last 5 years), 1999–2023 · leading case: Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott, 862 N.W.2d 166 (Iowa 2015).

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Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott, 862 N.W.2d 166 (Iowa 2015). · cites it 12× “The amended answer alleged eleven affirmative defenses, including that the “[p]laintiff does not have the legal authority to initiate this condemnation proceeding under Iowa Code Section 6A.4.” The amended answer also alleged the “[p]laintiff’s real or intended purpose of the…”

Green v. Wilderness Ridge, L.L.C., 777 N.W.2d 699 (Iowa 2010). · cites it 20× “Iowa Code § 6A.4(2) (second and third emphasis added).”

Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000). · cites it 15× “” Iowa Code § 6A.4(2). The statute does not expressly define whether condemnation is authorized when only a portion of the land is claimed to be without “public or private way.”

Keith Puntenney, Laverne I. Johnson, Richard R. Lamb, Marian D. Johnson, Nw. Iowa Landowners Ass'n, Iowa Farmland Owners Ass'n, Inc., & the Sierra Club Iowa Chapter v. Iowa Utils. Bd., & Off. of Consum. Advocate & The Main Coalition, & Dakota Access, LLC, 928 N.W.2d 829 (Iowa 2019). · cites it 4× “6 In Enbridge Energy (Illinois), L.L.C. v. Kuerth, the Illinois Appellate Court took a more nuanced view, which we find persuasive.”

Lewis Investments, Inc. v. City of Iowa City, 703 N.W.2d 180 (Iowa 2005). · cites it 3× “12A, which states: For the purposes of section 6A.4, subsection 6, a city may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property under section 364.”

Nichols v. City of Evansdale, 687 N.W.2d 562 (Iowa 2004). · cites it 2× “See Iowa Code § 6A.4(6) (2003). In any event, if the City needs to go onto the Nichols property to maintain the sewer lines without being liable for trespass, it must either purchase an easement from the Nichols or condemn an easement under the procedure set forth in Iowa Code…”

Robert Milligan v. City of Red Oak, Iowa, 230 F.3d 355 (8th Cir. 2000). · cites it 2× “While federal constitutional analysis requires that condemnation of private property must be rationally related to the public purpose for which it is taken, Iowa law provides that such a taking must be “necessary” to accomplish the public purpose.”

Comes v. City of Atl., 601 N.W.2d 93 (Iowa 1999). · cites it 4× “This power has been granted to cities in Iowa Code section 6A.4(6) (1997), which gives cities the right to take private property “for public purposes which are reasonable and necessary as incident to the powers and duties conferred upon cities.”

ACCO Unlimited Corp. v. City of Johnston, 611 N.W.2d 506 (Iowa 2000). · cites it 2× “” Iowa Code § 6A.4(6). Before a city may invoke its powers of eminent domain, Iowa law imposes two requirements: the property must be taken for a public use, and the taking must be reasonable and necessary.”

Rex Realty Co. v. City of Cedar Rapids, State of Iowa, Intervenor, 322 F.3d 526 (8th Cir. 2003). “Iowa Code § 6A.4(6) (1999). With regard to the requirements for the proper exer *529 cise of this power, in this circuit “it is well settled that a sovereign vested with the power of eminent domain may exercise that power consistent with the [Constitution without providing prior…”

East Oaks Dev., Inc. v. Iowa Dep't of Transp., 603 N.W.2d 566 (Iowa 1999). · cites it 2× “The delegation of eminent domain authority to cities and counties is contained in Iowa Code section 6A.4. Delegation to state agencies is contained in miscellaneous statutes dealing with the powers of the respective agency.”

Daniel H. Finnegan & Julie A. Finnegan v. Lee Dickson & Carl Borrett (Iowa Ct. App. 2015). · cites it 36× “Iowa Code section 6A.4 provides: The right to take private property for public use is hereby conferred: .”

Show all 28 citing cases →

— Iowa Code § 6A.4(1) — 4 cases

Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott, 862 N.W.2d 166 (Iowa 2015). “The amended answer alleged eleven affirmative defenses, including that the “[p]laintiff does not have the legal authority to initiate this condemnation proceeding under Iowa Code Section 6A.4.” The amended answer also alleged the “[p]laintiff’s real or intended purpose of the…”

Wild v. Allamakee Cnty., 666 N.W.2d 137 (Iowa 2003).

In Re Condemnation of Certain Rights, 666 N.W.2d 137 (Iowa 2003).

Amended June 22, 2015 Clarke Cnty. Reservoir Comm'n v. Linda Sue Abbott (Iowa 2015).

— Iowa Code § 6A.4(2) — 11 cases

Green v. Wilderness Ridge, L.L.C., 777 N.W.2d 699 (Iowa 2010). “Iowa Code § 6A.4(2) (second and third emphasis added).”

Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000). “” Iowa Code § 6A.4(2). The statute does not expressly define whether condemnation is authorized when only a portion of the land is claimed to be without “public or private way.”

Keith Puntenney, Laverne I. Johnson, Richard R. Lamb, Marian D. Johnson, Nw. Iowa Landowners Ass'n, Iowa Farmland Owners Ass'n, Inc., & the Sierra Club Iowa Chapter v. Iowa Utils. Bd., & Off. of Consum. Advocate & The Main Coalition, & Dakota Access, LLC, 928 N.W.2d 829 (Iowa 2019). “6 In Enbridge Energy (Illinois), L.L.C. v. Kuerth, the Illinois Appellate Court took a more nuanced view, which we find persuasive.”

Daniel H. Finnegan & Julie A. Finnegan v. Lee Dickson & Carl Borrett (Iowa Ct. App. 2015). “Iowa Code section 6A.4 provides: The right to take private property for public use is hereby conferred: .”

Middle River Farms, LLC v. Ladonna Antrim & Teresa Antrim (Iowa Ct. App. 2016).

— Iowa Code § 6A.4(2)(b) — 3 cases

Middle River Farms, LLC v. Ladonna Antrim & Teresa Antrim (Iowa Ct. App. 2016).

Castle Gate Homeowners' Ass'n v. K & L Props., LLC (Iowa Ct. App. 2023).

— Iowa Code § 6A.4(6) — 14 cases

Nichols v. City of Evansdale, 687 N.W.2d 562 (Iowa 2004). “See Iowa Code § 6A.4(6) (2003). In any event, if the City needs to go onto the Nichols property to maintain the sewer lines without being liable for trespass, it must either purchase an easement from the Nichols or condemn an easement under the procedure set forth in Iowa Code…”

Comes v. City of Atl., 601 N.W.2d 93 (Iowa 1999). “This power has been granted to cities in Iowa Code section 6A.4(6) (1997), which gives cities the right to take private property “for public purposes which are reasonable and necessary as incident to the powers and duties conferred upon cities.”

Lewis Investments, Inc. v. City of Iowa City, 703 N.W.2d 180 (Iowa 2005). “12A, which states: For the purposes of section 6A.4, subsection 6, a city may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property under section 364.”

Robert Milligan v. City of Red Oak, Iowa, 230 F.3d 355 (8th Cir. 2000). “While federal constitutional analysis requires that condemnation of private property must be rationally related to the public purpose for which it is taken, Iowa law provides that such a taking must be “necessary” to accomplish the public purpose.”

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.