Taxpayers filed petition for writ of mandamus and temporary injunction challenging municipality’s agreement to transfer to residential developer property originally acquired for use as a road right-of-way, alleging that municipality failed to follow statutory procedures for sale of unused right-of-way. The District Court dismissed action. Taxpayers appealed.
The Supreme Court of Iowa held that land in question constituted unused right-of-way, and therefore municipality was not permitted to sell or transfer it to a developer without first following the statutory procedure mandating notice to the present owners of adjacent property and to the persons who owned the land at the time it was acquired for road purposes.
Statutory requirements were applicable to both land acquired for highway purposes but never used, and land acquired for highway purposes and previously or currently in use, rather than only to property acquired, but never used for, highway purposes.