Background
The City of What Cheer sought title to a dilapidated house and unfinished pole building owned by Zachary Molyneux. Neighbors had complained of raw sewage, accumulated trash, and overgrown vegetation. The City permanently shut off water service after unpaid bills and obtained a February 2024 permanent injunction barring Zachary and his estranged wife, Jamie, from using the property as a residence until a functioning septic system was installed.
On July 31, 2024, the City petitioned under Iowa Code section 657A.10B to obtain title to the property as abandoned. Jamie was the only respondent to answer. She testified that Zachary remained at the property at least part-time until May or June 2024; the mayor likewise testified that Zachary lived there until May. The district court nevertheless found the property abandoned and awarded title to the City.
The Court’s Holding
The Iowa Court of Appeals reversed on de novo review. To obtain title, the City had to prove the building had been abandoned for at least six consecutive months before it filed its petition. “Abandoned” requires that the building be vacant or occupied only by trespassers, as well as in violation of the applicable housing or building code.
The record did not establish six months of vacancy. Testimony that Zachary lived at the property until May or June 2024, together with the mayor’s testimony, defeated that conclusion; the city clerk’s contrary testimony was equivocal. Nor could Zachary and Jamie be treated as trespassers as of the January 17 default order. An injunction operates prospectively and was not granted until February 9, 2024—less than six months before the City filed its petition. The court remanded for dismissal of the petition and return of title to Zachary Molyneux.
Key Takeaways
- A city seeking title under section 657A.10B must prove abandonment for six consecutive months before filing its petition.
- Evidence that the owner still lived at the property part-time can defeat the statutory vacancy requirement.
- A default order setting an injunction hearing does not itself make occupants trespassers; the injunction takes effect when granted.
Why It Matters
The decision enforces the statute’s timing requirement before a municipality may take title to private property as abandoned. Serious code, sanitation, and nuisance problems do not eliminate the need to prove the property was vacant or occupied only by trespassers throughout the required six-month period.