Read the full stored bill text
House
File
242
-
Introduced
HOUSE
FILE
242
BY
THOMSON
,
ANDREWS
,
HAYES
,
THOMPSON
,
HENDERSON
,
SHIPLEY
,
DIEKEN
,
GOLDING
,
FISHER
,
GERHOLD
,
JENEARY
,
CISNEROS
,
FETT
,
HOLT
,
WHEELER
,
STONE
,
GEARHART
,
SMITH
,
WENGRYN
,
and
LAWLER
A
BILL
FOR
An
Act
relating
to
procedures
to
review
the
exercise
of
eminent
1
domain,
and
providing
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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242
Section
1.
Section
476.13,
Code
2025,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
4.
a.
Notwithstanding
the
Iowa
3
administrative
procedure
Act,
chapter
17A,
prior
to
final
4
commission
action,
an
applicant
before
the
commission
under
5
this
chapter
or
a
person
whose
real
property
is
subject
to
an
6
eminent
domain
taking
claim
arising
from
an
application
before
7
the
commission
may
petition
the
district
court
for
an
eminent
8
domain
declaratory
review.
9
b.
The
district
court
for
Polk
county
shall
have
exclusive
10
venue
for
the
judicial
review
under
this
subsection.
11
c.
Relief
under
this
subsection
is
limited
to
a
declaration
12
of
the
parties’
rights,
status,
and
other
legal
matters
13
relating
to
the
constitutional
and
statutory
provisions
14
governing
eminent
domain
takings.
15
d.
The
court
may
combine
several
substantially
similar
16
petitions
into
one
review
or
relief
order
at
its
own
discretion
17
or
upon
the
application
of
any
party.
18
e.
All
orders
or
judgments
under
this
subsection
may
be
19
reviewed
as
other
judgments,
orders,
or
decrees.
20
f.
This
subsection
does
not
limit
the
authority
of
the
21
commission
to
proceed
with
an
application
under
consideration
22
at
the
time
of
the
petition.
23
NEW
SUBSECTION
.
5.
a.
A
person
whose
real
property
is
24
subject
to
an
eminent
domain
taking
claim
arising
from
an
25
application
before
the
commission
may
commence
a
new
action
26
under
subsection
4
if
any
of
the
following
conditions
apply:
27
(1)
More
than
eighteen
months
have
passed
after
the
28
commencement
of
an
action
described
in
subsection
4
involving
29
the
person.
30
(2)
The
facts
and
circumstances
as
presented
in
a
previous
31
proceeding
under
subsection
4
materially
differ
from
the
facts
32
and
circumstances
at
the
time
of
the
commencement
of
the
new
33
action.
34
b.
Notwithstanding
subsection
4,
paragraph
“b”
,
the
new
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proceeding
must
be
in
a
district
court
of
a
county
other
than
1
Polk
county,
and
the
district
judge
assigned
to
the
matter
2
must
be
a
district
judge
other
than
the
judge
who
presided
in
3
the
previous
action
under
subsection
4.
The
court
shall
make
4
all
determinations
of
fact
and
law
in
the
new
action
de
novo,
5
giving
no
precedential
value
to
determinations
in
the
earlier
6
action.
7
NEW
SUBSECTION
.
6.
Commencement
of
a
declaratory
action
8
under
subsection
4
or
5
must
be
accompanied
by
a
fee
of
ten
9
dollars,
payable
to
the
clerk
of
the
district
court
of
the
10
county
in
which
the
action
is
commenced.
Fees
collected
under
11
this
subsection
shall
be
deposited
in
the
general
fund
of
the
12
state.
13
NEW
SUBSECTION
.
7.
A
bond
shall
not
be
required
for
14
an
appeal
of
any
order
entered
in
an
action
arising
from
15
subsection
4
or
5,
or
for
any
injunction
to
enforce
an
order
16
entered
pursuant
to
subsection
4
or
5.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
allows
an
applicant
before
the
Iowa
utilities
21
commission
(commission)
under
Code
chapter
476
or
a
person
22
whose
real
property
is
subject
to
an
eminent
domain
taking
23
claim
arising
from
an
application
before
the
commission
to
24
file
a
petition
seeking
declaratory
review
from
the
Polk
25
county
district
court.
Relief
by
the
court
is
limited
to
a
26
declaration
of
the
parties’
rights,
status,
and
other
legal
27
matters
relating
to
eminent
domain.
The
bill
does
not
limit
28
the
commission’s
authority
to
proceed
with
an
application
that
29
was
under
consideration
at
the
time
of
such
a
petition.
30
The
bill
allows
a
person
whose
real
property
is
subject
to
an
31
eminent
domain
taking
claim
arising
from
an
application
before
32
the
commission
to
commence
a
new
action
in
a
district
court
of
33
a
county
other
than
Polk
county
with
a
different
district
court
34
judge
if
more
than
18
months
have
passed
since
the
commencement
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of
a
prior
action
or
the
facts
and
circumstances
presented
in
1
the
prior
proceeding
have
changed.
In
such
a
proceeding,
the
2
bill
requires
the
court
to
review
the
issues
without
giving
3
precedential
weight
to
the
findings
in
the
prior
action.
4
The
bill
requires
a
fee
of
$10
to
commence
a
declaratory
5
action
in
the
bill
that
must
be
paid
to
the
clerk
of
the
6
district
court
of
the
county
where
the
action
is
commenced.
7
The
fees
collected
are
deposited
in
the
general
fund
of
the
8
state.
9
The
bill
prohibits
any
bond
requirements
for
an
appeal
of
any
10
order
entered
in
an
action
arising
from
the
bill,
or
for
any
11
injunction
to
enforce
an
order
entered
pursuant
to
the
bill.
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