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| 1 | 1 | House File 763 - Introduced HOUSE FILE 763 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 242) (COMPANION TO SF 226 BY SALMON) 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 TLSB 2338HV (1) 91 sb/js | |
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| 3 | 3 | H.F. 763 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 35 -1- LSB 2338HV (1) 91 sb/js 1/ 3 | |
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| 5 | 5 | H.F. 763 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 explanations 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 commissions 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 35 -2- LSB 2338HV (1) 91 sb/js 2/ 3 | |
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| 7 | 7 | H.F. 763 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. 12 -3- LSB 2338HV (1) 91 sb/js 3/ 3 |