County Attorney
Ralph R. Potter
Assistant
Assistant
Assistant
Assistant
Timothy J. Gallagher
Jean A. Becker
Lyle R. Galliart
Michael J. Whalen
Mark T. Hostager
Alisha A. Stach
Robert J. Richter
Brigit M. Barnes
Victim and Witness
Assistance
Julie C. Homb
Holly M. Elliott
October 2, 2007
Eric Manternach, Chair
Dubuque County Board of Supervisors
720 Central Avenue
Dubuque, IA 52001
RE: Lovers Lane and Spechts Ferry Road
Dear Mr. Manternach:
In your letter of August 15, 2007, you wanted to know the criteria for determining a county road. You also wanted to know how that criteria applied to support the county's ownership of two roads, called Lovers Lane and Spechts Ferry Road.
There are a number of ways by which a county road is established. The Iowa law on the establishment of county roads is located in caselaw dated back to the late 1800’s and early 1900’s.
These cases clearly establish roads and highways may come into existence by statute, dedication, and by prescription. See Dugan v. Zurmuehlen, 203 Iowa 1114, 211 N.W. 986 (1927); Murrane v. Clarke County, 440 N.W.2d 613, 615 (Iowa App. 1989). In formal dedication, a property owner formally dedicates property to the county under a particular method provided by statute. In outright acquisition, the county acquires property by purchase or condemnation.
Easement by prescription is created by "adverse possession, under claim of right or color of title, openly, notoriously, continuously, and hostilely asserted against defendants for ten years or more."
Simonsen v. Todd, 261 Iowa 485, 489, 154 N.W.2d 730, 732 (1967) (quoting Webb v. Arterburn, 246 Iowa 363, 67 N.W.2d 504, 513 (1954); see also Iowa Code § 564.1 (1987). For the most part, before prescription will be found, the court must find these elements have been strictly adhered to. Id at 495, 154 N.W.2d at 736 However, an
Dubuque County Courthouse, Dubuque, Iowa 52001-7057 (563) 589-4470, Fax (563) 589-4477