Iowa Code 327G.81 – Maintenance of improvements along rights-of-way
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1. A person, including a state agency or political subdivision of the state, who acquires a railroad right-of-way after July 1, 1979, for a purpose other than farming has all of the following responsibilities concerning that right-of-way:
a. Construction, maintenance, and repair of the fence on each side of the property, however, this requirement may be waived by a written agreement with the adjoining landowner.
b. Private crossings as provided for in section 327G.11.
c. Drainage as delineated in chapter 468, subchapter V.
d. Overhead, underground, or multiple crossings in accord with section 327G.12.
e. Weed control in accord with chapter 317.
Terms Used In Iowa Code 327G.81
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- property: includes personal and real property. See Iowa Code 4.1
- Railroad right-of-way: means the full width of property owned, leased, or subject to easement for railroad purposes and is not limited to those areas on which tracks are located. See Iowa Code 321I.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. This section does not absolve the property owners of other duties and responsibilities that they may be assigned as property owners by law. Subsection 1, paragraph “a”, does not apply to rights-of-way located on land within the corporate limits of a city except where the acquired right-of-way is contiguous to land assessed as agricultural land.