House
File
2664
H-8259
Amend
the
amendment,
H-8229,
to
House
File
2664,
as
follows:
1
1.
Page
1,
by
striking
lines
1
through
31
and
inserting:
2
<
Amend
House
File
2664
as
follows:
3
1.
By
striking
everything
after
the
enacting
clause
and
4
inserting:
5
<
Section
1.
NEW
SECTION
.
479B.9A
Judicial
review
prior
to
6
final
board
action.
7
1.
a.
Notwithstanding
the
Iowa
administrative
procedure
8
Act,
chapter
17A,
prior
to
final
board
action,
an
applicant
9
before
the
board
under
this
chapter
or
a
person
whose
real
10
property
is
subject
to
an
eminent
domain
taking
claim
arising
11
from
an
application
before
the
board
may
petition
the
district
12
court
for
an
eminent
domain
declaratory
review.
13
b.
The
district
court
for
Polk
county
shall
have
exclusive
14
venue
for
the
judicial
review
under
this
subsection.
15
c.
Relief
under
this
subsection
is
limited
to
a
declaration
16
of
the
parties’
rights,
status,
and
other
legal
matters
17
relating
to
the
constitutional
and
statutory
provisions
18
governing
eminent
domain
takings.
19
d.
The
court
may
combine
several
substantially
similar
20
petitions
into
one
review
or
relief
order
at
its
own
discretion
21
or
upon
the
application
of
any
party.
22
e.
All
orders
or
judgments
under
this
subsection
may
be
23
reviewed
as
other
judgments,
orders,
or
decrees.
24
f.
This
subsection
does
not
limit
the
authority
of
the
board
25
to
proceed
with
an
application
under
consideration
at
the
time
26
of
the
petition.
27
2.
a.
A
person
whose
real
property
is
subject
to
an
eminent
28
domain
taking
claim
arising
from
an
application
before
the
29
board
may
commence
a
new
action
under
subsection
1
if
any
of
30
the
following
conditions
apply:
31
(1)
More
than
eighteen
months
have
passed
after
the
32
commencement
of
an
action
described
in
subsection
1
involving
33
the
person.
34
(2)
The
facts
and
circumstances
as
presented
in
a
previous
35
-1-
H
8229.3920
(2)
90
sc/ns
1/
2
#1.
proceeding
under
subsection
1
materially
differ
from
the
facts
1
and
circumstances
at
the
time
of
the
commencement
of
the
new
2
action.
3
b.
Notwithstanding
subsection
1,
paragraph
“b”
,
the
new
4
proceeding
must
be
in
a
district
court
of
a
county
other
than
5
Polk
county,
and
the
district
judge
assigned
to
the
matter
6
must
be
a
district
judge
other
than
the
judge
who
presided
in
7
the
previous
action
under
subsection
1.
The
court
shall
make
8
all
determinations
of
fact
and
law
in
the
new
action
de
novo,
9
giving
no
precedential
value
to
determinations
in
the
earlier
10
action.
11
3.
Commencement
of
a
declaratory
action
under
this
section
12
must
be
accompanied
by
a
fee
of
ten
dollars,
payable
to
the
13
clerk
of
the
district
court
of
the
county
in
which
the
action
14
is
commenced.
Fees
collected
under
this
subsection
shall
be
15
deposited
in
the
general
fund
of
the
state.
16
4.
A
bond
shall
not
be
required
for
an
appeal
of
any
17
order
entered
in
an
action
arising
from
this
section,
or
for
18
any
injunction
to
enforce
an
order
entered
pursuant
to
this
19
section.
20
Sec.
2.
NEW
SECTION
.
479B.9B
Judicial
review
of
final
21
order.
22
Any
person
or
entity
admitted
as
a
party
to
the
hearing
may
23
seek
judicial
review
of
the
final
order
issued
by
the
board
24
pursuant
to
section
479B.9,
as
provided
in
section
17A.19.
The
25
party
seeking
judicial
review
shall
not
be
required
to
post
a
26
bond
to
stay
action
on
the
permit.
>
27
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
<
An
28
Act
relating
to
actions
involving
hazardous
liquid
pipelines,
29
and
providing
fees.
>>
30
______________________________
THOMSON
of
Floyd
-2-
H
8229.3920
(2)
90
sc/ns
2/
2
#2.