Iowa House Bill HF2361

Iowa 2023-2024 Regular Session

• Introduced: 2/7/24
• Refer: 2/7/24

Caption

A bill for an act relating to procedures to review the Iowa utility board's exercise of the power of eminent domain, and including effective date and retroactive applicability provisions.

Impact

The immediate effect of this bill is a significant shift in the process of exercising eminent domain, particularly concerning public utilities. The bill explicitly stipulates that upon a legislative vote to withdraw, all associated judicial processes—such as hearings and trials—must cease. This change means that property owners and other stakeholders involved in the eminent domain proceedings would have a new layer of legislative oversight, potentially altering the balance of power between state agencies and local property owners.

Summary

House File 2361 (HF2361) is a legislative proposal that modifies the procedures surrounding the Iowa utility board's use of eminent domain. The bill grants a greater than three-fifths majority of either chamber of the Iowa General Assembly the power to withdraw from ongoing eminent domain proceedings instituted by the Iowa Utilities Board (IUB). This amendment allows the legislative bodies to halt these proceedings by simply voting on the issue, underpinning the assembly's authority over property rights when it comes to public improvements authorized by the state.

Contention

Critics of HF2361 may argue that this legislative intervention could impede necessary public developments by allowing political considerations to influence essential infrastructure projects. Proponents, on the other hand, believe that involving the legislature ensures more democratic oversight of such powerful government actions, emphasizing the protection of individual property rights. Overall, the bill highlights growing tensions around the uses of eminent domain, particularly in relation to community rights versus state authority.