Iowa Amendment to Easement (Powerline Easement)
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FAQ
RIGHT OF ACCESS: Iowa law grants owners of landlocked parcels a right of way through adjacent private land if they initiate a condemnation proceeding seeking access through the ?nearest feasible route.?
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
In Iowa, there is a doctrine known as ?adverse possession? which occurs when a person occupies land to which another person has title with the intention of possessing it as one's own.
An easement by prescription is created when a person uses another's land under a claim of right or color of title, openly, notoriously, continuously, and hostilely for ten years or more (see adverse possession article).
Overview. Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
In Iowa, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.