Iowa: The Shorter Government Rule Courts Struck Down

A law that once governed how fast you had to sue an Iowa city is still on the books — but courts have taken away the part that actually shortened the clock.

What the old rule said, on paper

Iowa's Municipal Tort Claims Act, in what is now Iowa Code § 670.5 (formerly numbered § 613A.5), reads as a genuinely distinctive, two-part structure. On its face, it says an injured person generally had to commence a lawsuit against a municipality within just six months — unless they first presented written notice stating the time, place, and circumstances of the injury to the municipality's governing body within 60 days. If that notice was given, the actual deadline to sue extended to two years from the date of the notice.

The part that was struck down

This special, notice-based limitation period has been held unconstitutional by Iowa courts. As one analysis of the current law puts it, "because the special notice-based limitation in Iowa Code § 670.5 is unconstitutional, Iowa Code chapter 614 supplies the applicable limitations period for all chapter 670 actions." In plain terms: the mechanism that could cut a municipal claim's deadline down to six months no longer controls.

What actually applies to a municipal claim today

Because of that ruling, claims against an Iowa municipality or its employees now generally run on the same two-year general personal injury deadline, under Iowa Code chapter 614, that applies to claims against anyone else — not the shorter notice-dependent structure the statute's text might otherwise suggest. This is a genuinely interesting example of a law staying on the books while the part of it that actually mattered, for timing purposes, has effectively been set aside by the courts.

Why early notice is still worth giving, even so

Even though the special shorter deadline no longer controls, claims against a municipality still arise under the broader Iowa Municipal Tort Claims Act framework, which can carry its own procedural considerations beyond pure timing. Given how specific and still-evolving this area of law has been, treating early written notice to the municipality as good practice, and confirming the current requirements with an attorney as soon as possible, remains the safest course — even where the old six-month trap itself no longer applies.

A genuinely similar story to another state

This isn't the only place a shorter government deadline has been struck down on constitutional grounds for treating government-caused and other injuries too differently without a sufficient reason; it's a pattern worth knowing about generally when researching how a specific state actually treats government claims today, rather than relying on how the statute reads at first glance.

Iowa government claim deadlines — frequently asked questions

Does Iowa still use a special six-month deadline for municipal tort claims?

No. The notice-based shortcut that could reduce the deadline below two years has been held unconstitutional by Iowa courts, so the general two-year rule now governs these claims.

What did Iowa's old municipal notice rule actually require?

Under former section 613A.5, now renumbered as section 670.5, a claimant generally had to sue within six months unless they presented written notice to the municipality within 60 days, which could extend the deadline to two years from that notice.

Why was Iowa's municipal notice-based deadline found unconstitutional?

Iowa courts held that the special notice-based limitation period itself could not stand, which meant the general two-year period under Iowa Code chapter 614 governs claims against municipalities instead.

Does this mean Iowa municipalities get no special treatment at all?

Claims against a municipality still arise under the Iowa Municipal Tort Claims Act framework, but the deadline that actually applies today is the same two-year period that governs other personal injury claims.

Should I still notify a municipality early after an injury in Iowa?

Given how specific and evolving this area of Iowa law has been, confirming the current requirements with a licensed attorney as early as possible remains the safest approach.

This page provides general guidance only and is not legal advice. Figures are based on Iowa statute and case law (Iowa Code § 670.5, formerly § 613A.5; Iowa Code ch. 614), verified per our methodology. Confirm the exact requirements for a specific municipal claim with a licensed Iowa attorney before acting.