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Bill > HF242
IA HF242
IA HF242A bill for an act relating to procedures to review the exercise of eminent domain, and providing fees.(See HF 763.)
summary
Introduced
02/06/2025
02/06/2025
In Committee
02/06/2025
02/06/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill allows an applicant before the Iowa utilities commission (commission) under Code chapter 476 or a person whose real property is subject to an eminent domain taking claim arising from an application before the commission to file a petition seeking declaratory review from the Polk county district court. Relief by the court is limited to a declaration of the parties’ rights, status, and other legal matters relating to eminent domain. The bill does not limit the commission’s authority to proceed with an application that was under consideration at the time of such a petition. The bill allows a person whose real property is subject to an eminent domain taking claim arising from an application before the commission to commence a new action in a district court of a county other than Polk county with a different district court judge if more than 18 months have passed since the commencement of a prior action or the facts and circumstances presented in the prior proceeding have changed. In such a proceeding, the bill requires the court to review the issues without giving precedential weight to the findings in the prior action. The bill requires a fee of $10 to commence a declaratory action in the bill that must be paid to the clerk of the district court of the county where the action is commenced. The fees collected are deposited in the general fund of the state. The bill prohibits any bond requirements for an appeal of any order entered in an action arising from the bill, or for any injunction to enforce an order entered pursuant to the bill.
AI Summary
This bill modifies procedures for reviewing eminent domain claims related to applications before the Iowa Utilities Board (the "commission"). Specifically, it allows property owners or applicants to petition a district court for an eminent domain declaratory review before final commission action, with Polk County having exclusive initial venue for such reviews. The bill establishes that these reviews are limited to declaring parties' rights regarding constitutional and statutory eminent domain provisions, and courts may consolidate similar petitions. A person can commence a new action if more than 18 months have passed since a previous review or if the facts have materially changed. Subsequent actions must be in a different county with a different judge, who will review the case de novo without giving precedential value to previous determinations. The bill requires a $10 filing fee for these declaratory actions, which will be deposited into the state's general fund, and stipulates that no bond will be required for appeals or injunctions related to these eminent domain review actions. The purpose appears to be providing property owners with additional legal recourse and review mechanisms when facing potential eminent domain takings.
Committee Categories
Justice
Sponsors (20)
Eddie Andrews (R)*,
Mark Cisneros (R)*,
Zachary Dieken (R)*,
Samantha Fett (R)*,
Dean Fisher (R)*,
Jason Gearhart (R)*,
Thomas Gerhold (R)*,
Cindy Golding (R)*,
Helena Hayes (R)*,
Bob Henderson (R)*,
Steven Holt (R)*,
Tom Jeneary (R)*,
Judd Lawler (R)*,
Jeff Shipley (R)*,
Jennifer Smith (R)*,
Henry Stone (R)*,
Mark Thompson (R)*,
Charley Thomson (R)*,
Sam Wengryn (R)*,
Skyler Wheeler (R)*,
Last Action
Committee report approving bill, renumbered as HF 763. (on 03/05/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF242 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF242.html |
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