HSB 608

This bill allows 21 or more members of the house of representatives, or 11 or more members of the senate, to file a petition with the chief clerk of the house or the secretary of the senate, as applicable, to withdraw from an eminent domain proceeding. Upon receipt of the petition and notice to the involved entities and parties, all trials, depositions, hearings, and similar operations of the proceeding must cease. The bill authorizes resumption of the proceeding following a greater than three-fifths majority vote by both houses and submission of a signed affidavit from more than three-fifths of the members of each house. _____ 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 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.