Bill Text: IA HF2522 | 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.(Formerly HSB 608; See HF 2664.)
Spectrum: Committee Bill
Status: (Introduced) 2024-03-28 - Withdrawn. H.J. 697. [HF2522 Detail]
Download: Iowa-2023-HF2522-Introduced.html
House
File
2522
-
Introduced
HOUSE
FILE
2522
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
608)
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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2522
Section
1.
Section
476.13,
Code
2024,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
4.
a.
Notwithstanding
the
Iowa
3
administrative
procedure
Act,
chapter
17A,
prior
to
final
board
4
action,
an
applicant
before
the
board
under
this
chapter
or
5
a
person
whose
real
property
is
subject
to
an
eminent
domain
6
taking
claim
arising
from
an
application
before
the
board
may
7
petition
the
district
court
for
an
eminent
domain
declaratory
8
review.
9
b.
The
district
court
for
Polk
county
shall
have
exclusive
10
venue
for
the
judicial
review
under
this
subsection.
11
c.
Relief
under
this
subsection
is
limited
to
a
declaration
12
of
the
parties’
rights,
status,
and
other
legal
matters
13
relating
to
the
constitutional
and
statutory
provisions
14
governing
eminent
domain
takings.
15
d.
The
court
may
combine
several
substantially
similar
16
petitions
into
one
review
or
relief
order
at
its
own
discretion
17
or
upon
the
application
of
any
party.
18
e.
All
orders
or
judgments
under
this
subsection
may
be
19
reviewed
as
other
judgments,
orders,
or
decrees.
20
f.
This
subsection
does
not
limit
the
authority
of
the
board
21
to
proceed
with
an
application
under
consideration
at
the
time
22
of
the
petition.
23
NEW
SUBSECTION
.
5.
a.
A
person
may
commence
a
new
action
24
under
subsection
4
if
any
of
the
following
conditions
apply:
25
(1)
More
than
eighteen
months
have
passed
after
the
26
commencement
of
an
action
described
in
subsection
4
involving
27
the
person.
28
(2)
The
person
is
an
applicant
before
the
board
under
this
29
chapter
or
the
person’s
real
property
is
subject
to
an
eminent
30
domain
taking
claim
arising
from
an
application
before
the
31
board
and
the
person
determines
in
good
faith
that
facts
and
32
circumstances
as
presented
in
a
previous
proceeding
under
33
subsection
4
materially
differ
from
the
facts
and
circumstances
34
at
the
time
of
the
commencement
of
the
new
action.
35
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b.
Notwithstanding
subsection
4,
paragraph
“b”
,
the
new
1
proceeding
must
be
in
a
district
court
of
a
county
other
than
2
Polk
county,
and
the
district
judge
assigned
to
the
matter
3
must
be
a
district
judge
other
than
the
judge
who
presided
in
4
the
previous
action
under
subsection
4.
The
court
shall
make
5
all
determinations
of
fact
and
law
in
the
new
action
de
novo,
6
giving
no
precedential
value
to
determinations
in
the
earlier
7
action.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
allows
an
applicant
before
the
Iowa
utilities
12
board
(IUB)
under
Code
chapter
476
or
a
person
whose
real
13
property
is
subject
to
an
eminent
domain
taking
claim
arising
14
from
an
application
before
IUB
to
file
a
petition
seeking
15
declaratory
review
from
the
Polk
county
district
court.
Relief
16
by
the
court
is
limited
to
a
declaration
of
the
parties’
17
rights,
status,
and
other
legal
matters
relating
to
eminent
18
domain.
The
bill
does
not
limit
IUB’s
authority
to
proceed
19
with
an
application
that
was
under
consideration
at
the
time
20
of
such
a
petition.
21
The
bill
allows
a
person
to
commence
a
new
action
in
a
22
district
court
of
a
county
other
than
Polk
county
with
a
23
different
district
court
judge
if
more
than
18
months
have
24
passed
since
the
commencement
of
a
prior
action
or
the
facts
25
and
circumstances
presented
in
the
prior
proceeding
have
26
changed.
In
such
a
proceeding,
the
bill
requires
the
court
to
27
review
the
issues
without
giving
precedential
weight
to
the
28
findings
in
the
prior
action.
29
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