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