1000 FRIENDS OF IOWA: PUBLIC POLICY UPDATE

VOLUME 8, #5

Eminent Domain Legislation:

The Senate Judiciary Committee has passed House File 2351 regarding eminent domain (the ability of governments to condemn property under certain conditions).¬Ý The bill is expected to come up for debate in the Senate next week, along with two related amendments ’Äì if you have concerns about eminent domain (condemnation) please call your Senators this weekend (contact info at bottom of email).¬Ý

1000 Friends of Iowa’Äôs perspective is that eminent domain laws should provide for land use decisions that are fair to individual landowners as well as the community as a whole.¬Ý In our judgment, while they are not perfect, HF 2351 and S 5118 do this reasonably well.

Following is a general summary of the bill, followed by specific information regarding provisions for lakes, which are of particular interest to many of our members.

HF 2351:

• Affirms that condemnation powers can only be exercised for a public purpose, public use, or public improvement
• Places the burden of proof on the municipality to ensure that it did not abuse its discretion and the property will indeed be used for a public purpose.
• Restricts the definition of public use to exclude ’Äúeconomic development activities resulting in increased tax revenues, increased employment opportunities, privately owned or privately funded housing and residential development, privately owned or privately funded commercial or industrial development, or the lease of publicly owned property to a private party.’Äù
• Expands the requirements for public notice
• Expands the ability of property owners to challenge condemnation proceedings and the compensation offered, as well as act to reclaim condemned property not used for its intended purpose within 5 years.
• Prohibits the use of condemnation for lakes, parks, landfills, and airports in most cases

Amendment S 5118

• Allows condemnation to be used for parks, recreational facilities and landfills.¬Ý Allows condemnation for airports only to meet federal requirements or if the land was already zoned or approved by the FAA for airport improvements.
• Maintains existing law with regard to the scope and method of notice given to landowners.
• Places the burden of proof on the acquiring agency to demonstrate public benefit.

Lake Language:

The original bill (HF 2351) says that ’Äúprivate property shall not be condemned for development or creation of a lake¬Ý . . . . unless no other prudent and feasible alternative exists.’Äù

Two amendments have have been proposed regarding lake development.¬Ý Many of our members have concerns regarding lake projects because they have often been pursued for purposes that benefit some members of the community but not the community as a whole.¬Ý

Senate Amendment 5118:¬Ý P.2, Line 27-P. 3, Line 6:¬Ý Requires a ’Äúreview of prudent and feasible alternatives to provision of a drinking water source prior to determination that such lake development or creation is necessary’Äù and stipulates that only the acreage determined to be need for drinking water, according to the Natural Resource Conservation Service guidelines, can be condemned.¬Ý

Several of our members with concerns about lake issues have expressed support for Senate Amendment 5118, which they believe sets a high standard for proof of need and limits the size of lakes to that needed for drinking water only.

Senate Amendment 5129: Requires a ’Äúreview of prudent and feasible alternatives’Äù and stipulates that any property acquired through condemnation for development of the lake shall not be transferred to another private party other than the prior owner or successors.

Our members with concerns about lake issues indicate that this amendment is not strong enough to offer protections to landowners or the community.¬Ý

The switchboard for members of the Senate is (515) 281-3371.¬Ý You can look up the names of your legislators and find their home contact information at http://www.legis.state.ia.us/aspx/Legislators/LegislatorInfo.aspx