Bill Text: IA HSB608 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to procedures to review the exercise of the power of eminent domain.(See HF 2522, HF 2664.)
Spectrum: Committee Bill
Status: (Introduced) 2024-02-14 - Committee report approving bill, renumbered as HF 2522. [HSB608 Detail]
Download: Iowa-2023-HSB608-Introduced.html
House
Study
Bill
608
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
procedures
to
review
the
exercise
of
the
1
power
of
eminent
domain.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
6A.1,
Code
2024,
is
amended
to
read
as
1
follows:
2
6A.1
Exercise
of
power
by
state
——
withdrawal
by
general
3
assembly
.
4
1.
Proceedings
may
be
instituted
and
maintained
by
the
5
state
of
Iowa,
or
for
the
use
and
benefit
thereof,
for
the
6
condemnation
of
such
private
property
as
may
be
necessary
7
for
any
public
improvement
which
the
general
assembly
has
8
authorized
to
be
undertaken
by
the
state,
and
for
which
an
9
available
appropriation
has
been
made.
The
executive
council
10
shall
institute
and
maintain
such
proceedings
in
case
authority
11
to
so
do
be
not
otherwise
delegated.
12
2.
a.
At
any
time
during
a
proceeding
under
subsection
1
13
or
a
proceeding
attempting
or
contemplating
an
exercise
of
the
14
state’s
power
under
Article
I,
section
18,
of
the
Constitution
15
of
the
State
of
Iowa,
twenty-one
or
more
members
of
the
house
16
of
representatives
may
file
with
the
chief
clerk
of
the
house,
17
or
eleven
or
more
members
of
the
senate
may
file
with
the
18
secretary
of
the
senate,
a
petition
seeking
the
withdrawal
of
19
such
a
proceeding.
20
b.
Upon
the
filing
of
a
petition
under
paragraph
“a”
,
21
the
chief
clerk
of
the
house
or
secretary
of
the
senate,
22
as
applicable,
shall
notify
the
governmental
entities
and
23
parties
involved
in
the
proceeding
and,
following
receipt
of
24
such
notice,
all
hearings,
depositions,
trials,
or
similar
25
operations
of
the
proceeding
must
immediately
cease
until
all
26
of
the
following
occur:
27
(1)
A
greater
than
three-fifths
majority
of
each
house
28
of
the
general
assembly
vote
in
favor
of
resumption
of
the
29
proceeding.
30
(2)
More
than
three-fifths
of
the
members
of
each
house
of
31
the
general
assembly
deliver
to
the
chief
clerk
of
the
house
32
or
secretary
of
the
senate,
as
applicable,
a
signed
affidavit
33
stating
that
the
member,
being
duly
sworn
to
uphold
the
34
Constitution
of
the
State
of
Iowa
and
the
Constitution
of
the
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United
States,
has
made
due
independent
inquiry
into
the
facts
1
and
circumstances
of
the
proceeding,
and,
in
the
opinion
of
the
2
member,
the
proposed
exercise
of
power
of
eminent
domain
is
3
consistent
with
the
protections
afforded
property
owners
under
4
both
the
Constitution
of
the
State
of
Iowa
and
the
Constitution
5
of
the
United
States,
the
proposed
exercise
of
power
of
eminent
6
domain
is
for
a
constitutionally
bona
fide
public
use,
and
the
7
mechanism
for
determining
the
amount
of
compensation
to
be
8
provided
to
the
owner
of
private
property
proposed
to
be
taken
9
is
reasonable
and
fair.
10
Sec.
2.
Section
476.13,
Code
2024,
is
amended
by
adding
the
11
following
new
subsections:
12
NEW
SUBSECTION
.
4.
a.
Notwithstanding
the
Iowa
13
administrative
procedure
Act,
chapter
17A,
prior
to
final
board
14
action,
an
applicant
before
the
board
under
this
chapter
or
15
a
person
whose
real
property
is
subject
to
an
eminent
domain
16
taking
claim
arising
from
an
application
before
the
board
may
17
petition
the
district
court
for
an
eminent
domain
declaratory
18
review.
19
b.
The
district
court
for
Polk
county
shall
have
exclusive
20
venue
for
the
judicial
review
under
this
subsection.
21
c.
Relief
under
this
subsection
is
limited
to
a
declaration
22
of
the
parties’
rights,
status,
and
other
legal
matters
23
relating
to
the
constitutional
and
statutory
provisions
24
governing
eminent
domain
takings.
25
d.
The
court
may
combine
several
substantially
similar
26
petitions
into
one
review
or
relief
order
at
its
own
discretion
27
or
upon
the
application
of
any
party.
28
e.
All
orders
or
judgments
under
this
subsection
may
be
29
reviewed
as
other
judgments,
orders,
or
decrees.
30
f.
This
subsection
does
not
limit
the
authority
of
the
board
31
to
proceed
with
an
application
under
consideration
at
the
time
32
of
the
petition.
33
NEW
SUBSECTION
.
5.
a.
A
person
may
commence
a
new
action
34
under
subsection
4
if
any
of
the
following
conditions
apply:
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(1)
More
than
eighteen
months
have
passed
after
the
1
commencement
of
an
action
described
in
subsection
4
involving
2
the
person.
3
(2)
The
person
is
an
applicant
before
the
board
under
this
4
chapter
or
the
person’s
real
property
is
subject
to
an
eminent
5
domain
taking
claim
arising
from
an
application
before
the
6
board
and
the
person
determines
in
good
faith
that
facts
and
7
circumstances
as
presented
in
a
previous
proceeding
under
8
subsection
4
materially
differ
from
the
facts
and
circumstances
9
at
the
time
of
the
commencement
of
the
new
action.
10
b.
Notwithstanding
subsection
4,
paragraph
“b”
,
the
new
11
proceeding
must
be
in
a
district
court
of
a
county
other
than
12
Polk
county,
and
the
district
judge
assigned
to
the
matter
13
must
be
a
district
judge
other
than
the
judge
who
presided
in
14
the
previous
action
under
subsection
4.
The
court
shall
make
15
all
determinations
of
fact
and
law
in
the
new
action
de
novo,
16
giving
no
precedential
value
to
determinations
in
the
earlier
17
action.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
allows
21
or
more
members
of
the
house
of
22
representatives,
or
11
or
more
members
of
the
senate,
to
file
23
a
petition
with
the
chief
clerk
of
the
house
or
the
secretary
24
of
the
senate,
as
applicable,
to
withdraw
from
an
eminent
25
domain
proceeding.
Upon
receipt
of
the
petition
and
notice
to
26
the
involved
entities
and
parties,
all
trials,
depositions,
27
hearings,
and
similar
operations
of
the
proceeding
must
cease.
28
The
bill
authorizes
resumption
of
the
proceeding
following
a
29
greater
than
three-fifths
majority
vote
by
both
houses
and
30
submission
of
a
signed
affidavit
from
more
than
three-fifths
31
of
the
members
of
each
house.
32
The
bill
allows
an
applicant
before
the
Iowa
utilities
board
33
(IUB)
under
Code
chapter
476
or
a
person
whose
real
property
34
is
subject
to
an
eminent
domain
taking
claim
arising
from
an
35
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application
before
IUB
to
file
a
petition
seeking
declaratory
1
review
from
the
Polk
county
district
court.
Relief
by
the
2
court
is
limited
to
a
declaration
of
the
parties’
rights,
3
status,
and
other
legal
matters
relating
to
eminent
domain.
4
The
bill
does
not
limit
IUB’s
authority
to
proceed
with
an
5
application
that
was
under
consideration
at
the
time
of
such
6
a
petition.
7
The
bill
allows
a
person
to
commence
a
new
action
in
a
8
district
court
of
a
county
other
than
Polk
county
with
a
9
different
district
court
judge
if
more
than
18
months
have
10
passed
since
the
commencement
of
a
prior
action
or
the
facts
11
and
circumstances
presented
in
the
prior
proceeding
have
12
changed.
In
such
a
proceeding,
the
bill
requires
the
court
to
13
review
the
issues
without
giving
precedential
weight
to
the
14
findings
in
the
prior
action.
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