Relating to procedures to review the exercise of eminent domain, and providing fees

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 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.