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.