Iowa State Highway Commission v. Hipp

This is an appeal from the trial court’s dismissal of plaintiff’s petition asking declaratory judgment that its agents and employees have a right to enter upon the Wright County farms owned or occupied by defendants for the purpose of making surveys and investigations in contemplation of condemnation for highway purposes. Plaintiff also asked that defendants be enjoined and restrained from interfering with the making of such survey and investigation.

The trial court held plaintiff has no authority to enter upon defendants’ realty and to do so would be a trespass. We agree.

The facts are not…