Bill
Bill > HF763
IA HF763
IA HF763A bill for an act relating to procedures to review the exercise of eminent domain, and providing fees.(Formerly HF 242.)
summary
Introduced
03/05/2025
03/05/2025
In Committee
03/05/2025
03/05/2025
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 Iowa utility commission applications by establishing new legal pathways for petitioners. Specifically, the bill allows applicants or property owners to petition the Polk County district court for a declaratory review of eminent domain takings before a final commission action is made. The review is limited to declaring parties' rights and legal matters related to eminent domain, and the court can combine similar petitions. If more than 18 months have passed since a previous action or if the circumstances have materially changed, a petitioner can file a new action in a different county with a different judge, who must review the case without giving precedential weight to previous findings. The bill requires a $10 filing fee, which will be deposited in the state's general fund, and prohibits requiring bonds for appeals or injunctions related to these actions. This legislation aims to provide more flexible and accessible legal recourse for individuals affected by potential eminent domain takings in utility commission applications, while maintaining the commission's ability to continue processing applications during the review process.
Committee Categories
Budget and Finance
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Judiciary (House)
Last Action
Introduced, referred to Ways and Means. H.J. 515. (on 03/05/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF763 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF763.html |
Loading...