Branderhorst v. Iowa State Highway Commission Ex Rel. State

UHLENHOPP, Justice.

This appeal relates to the authority of the Iowa State Highway Commission to relocate the channel of a creek on private land.

Plaintiffs Branderhorst and Nyemaster (landowners) own a farm in Jasper Coun ty, Iowa. The farm is bounded on the southeast by Iowa Highway 14, on the southwest by the Skunk River, and on the northeast by Cherry Creek (except for a small parcel east of the creek).

The river runs generally southeast and the creek runs generally south. They pass under the highway at separate bridges about a quarter-mile apart, and the creek runs into the river at a point…