Bills › 90th General Assembly
Relating to procedures to review the exercise of the power of eminent domain
Sponsored by the House Judiciary Committee
Where it is now
- Done: IntroducedJanuary 24, 2024
- Done: SubcommitteeJanuary 24, 2024
- Done: House committeeFebruary 13, 2024
- Skipped: Passes the HouseContinued as HF 2664
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2664 → Its progress continues under the new number. Go to HF 2664 What’s a funnel?
What’s in it
AI summary People applying for utility projects or landowners facing eminent domain can ask a Polk County judge to clarify their legal rights. If a long time passes or the situation changes, these individuals can start a new case in a different county with a different judge. The new judge will look at the issues fresh without being forced to follow the decisions made in the previous case.1
Read the official explanation
This bill allows an applicant before the Iowa utilities board (IUB) under Code chapter 476 or a person whose real property is subject to an eminent domain taking claim arising from an application before IUB 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 IUB’s authority to proceed with an application that was under consideration at the time of such a petition. The bill allows a person 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 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.
Changed since by amendments H-8259, H-8229; see Amendments.
House subcommittee
Named March 18, 2024. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
31 written public comments to its subcommittee: April 9, 2024 (10), April 9, 2024 (10), April 9, 2024 (10), January 31, 2024 (1) · on the Legislature’s site
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90th General Assembly
Similar bills
- HF 242 Relating to procedures to review the exercise of eminent domain, and providing fees91st General Assembly · Renumbered as HF 763Similar
Matched by wording or an identical title.