The Iowa House Judiciary Committee amended House Study Bill 608 in committee on Tuesday, but advanced what was left of the measure with just one member – Republican State Rep. Brian Lohse – voting against it.
Republican State Rep. Megan Jones recused herself due to having a financial interest in the issue.
The first section of the bill, which would have allowed members of the Iowa Legislature to step in regarding eminent domain use, was stripped out.
All that remains of the bill is a provision providing for a cause of action to petition the district court for eminent domain declaratory review. The district court for Polk County will be the exclusive venue for judicial review under the bill.
A new action may take place if more than 18 months have passed after the commencement of an action in Polk County District Court, the person is an applicant before the board or the person’s real property is subject to an eminent domain taking claim arising from an application before the board and the person determines in good faith that facts and circumstances as presented in a previous proceeding materially differ from the facts and circumstances at the time of the commencement of the new action.
Republican State Rep. Charley Thomson said what remains of the bill addresses a problem that has become “exacerbated” due to the Summit Pipeline docket. Thomson said there has likely been millions of dollars spent on evaluating a pipeline that relies upon eminent domain.
Democrat State Rep. Megan Srinivas said the aim of the bill is to ensure landowners are not taken advantage of and with some of these cases taking years, it impedes everyday life for Iowans as it relates to their land.
Lohse spoke against the bill because he believes it sets up “two separate bites at the apple.” Due to concerns over the judicial branch’s budget, Lohse expressed concern with the bill’s impact on judicial efficiency.
“I may not be right, there’s probably already a method for someone who does not like the regulatory decision to also have judicial review,” Lohse said. “That sets up two separate paths additionally. That’s truly problematic in my opinion.”
We have entered the quagmire phase of this process