Iowa Code 308.3 – Definitions
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As used in this chapter:
1. “Conservation area” means land in which the state department of transportation or the department of natural resources has acquired rights, other than that land necessary for a right-of-way.
Terms Used In Iowa Code 308.3
- Conservation area: means land in which the state department of transportation or the department of natural resources has acquired rights, other than that land necessary for a right-of-way. See Iowa Code 308.3
- Department: means the state department of transportation. See Iowa Code 321H.2
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- highway: means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. See Iowa Code 321I.1
- Right-of-way: means land area dedicated to public use for a highway and its maintenance, and includes land acquired in fee simple or by permanent easement for highway purposes, but does not include temporary easements or rights for supplementary highway appurtenances. See Iowa Code 308.3
- Scenic easement: means a servitude which is acquired by gift, purchase, exchange or condemnation and is designed to permit land to remain in private ownership for its normal agricultural, residential or other use and, at the same time, to restrict and control the future use of the land for the purpose of preserving, restoring or enhancing the natural and historic beauty of the land subject to the scenic easement. See Iowa Code 308.3
- 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
- United States: includes all the states. See Iowa Code 4.1
2. “Great river road” means a scenic and recreational highway consisting of a designated system of roads and streets along the Mississippi river in this state.
3. “National parkway” has the same meaning as defined in Pub. L. No. 93-87, first session, Ninety-third Congress of the United States.
4. “Right-of-way” means land area dedicated to public use for a highway and its maintenance, and includes land acquired in fee simple or by permanent easement for highway purposes, but does not include temporary easements or rights for supplementary highway appurtenances.
5. “A scenic and recreational highway” means a public highway designated to allow enjoyment of aesthetic and scenic views, points of historical, archaeological and scientific interest, state parks and other recreational areas and includes both the right-of-way and conservation area.
6. “Scenic easement” means a servitude which is acquired by gift, purchase, exchange or condemnation and is designed to permit land to remain in private ownership for its normal agricultural, residential or other use and, at the same time, to restrict and control the future use of the land for the purpose of preserving, restoring or enhancing the natural and historic beauty of the land subject to the scenic easement.
7. “Secretary”, “parkway”, “scenic landscape”, “sightly or safety easement”, “access”, “parkway road”, “parkway development”, “frontage” and other similar terms have the same meaning as defined in any Act of the Congress of the United States related to a national parkway.