Understanding Abandonment in Iowa

What is Abandonment?

“The court has stated the abandonment contemplated by the statute is an abandonment in good faith of the entire proceedings and of the land for the purposes for which it was sought.” (See Berdo v. City of Washington (2010 781 N.W.2d 101; Wheatley v. City of Fairfield (1936) 221 Iowa 66, 80, 264 N.W. 906, 913; Robertson v. Hartenbower (1903) 120 Iowa 410, 412, 94 N.W. 857, 858.)

“Such an abandonment ordinarily includes two elements: first, an intention to abandon, and second, some external act to effectuate such intention.” (See id; Virginia Manor, Inc. v. City of Sioux City (1978) 261 N.W.2d 510, 515.)

Burden of Proof and Standard of Review for Abandonment

“To establish abandonment, an intent to abandon must be proven by clear and satisfactory evidence.” (See City of Marquette v. Gaede (2003) 672 N.W.2d 829, 834; Allamakee County v. Collins Trust (1999) 599 N.W.2d 448, 451; Sterlane v. Fleming (1945) 236 Iowa 480, 483, 18 N.W.2d 159, 161.)

“Actual acts of relinquishment accompanied by an intention to abandon must be shown.” (See id; Allamakee County v. Collins Trust (1999) 599 N.W.2d 448, 451; Town of Marne v. Goeken (1966) 259 Iowa 1375, 1382, 147 N.W.2d 218, 224.)

“Obstructions, encroachments, or the failure to keep a road in repair do not necessarily result in abandonment.” (See id; Sterlane v. Fleming (1945) 236 Iowa 480, 484.)

Legal Precedents and Case Law on Abandonment

It is well settled that “to constitute an abandonment, there must be a relinquishment or surrender of rights or property by one person to another; a giving up; a total desertion. It includes both the intention to abandon and the external act by which the intention is carried into effect.” (See Doan Thi Hoang Anh v. Nelson (1976) 245 N.W.2d 511, 515; Pitzenberger v. Schnack (1932) 215 Iowa 466, 469.)

It is also well settled that “abandonment is shown by proof that the owner intends to abandon the property and has voluntarily relinquished all right, title and interest in the property.” (See State v. Hurdel, No. 21-1173, at *12 (Iowa Ct. App. Oct. 19, 2022); Benjamin v. Lindner Aviation (1995) Inc., 534 N.W.2d 400, 406.)