House
File
2361
-
Introduced
HOUSE
FILE
2361
BY
ANDREWS
A
BILL
FOR
An
Act
relating
to
procedures
to
review
the
Iowa
utility
1
board’s
exercise
of
the
power
of
eminent
domain,
and
2
including
effective
date
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
6216YH
(4)
90
sc/ns
H.F.
2361
Section
1.
Section
6A.1,
Code
2024,
is
amended
to
read
as
1
follows:
2
6A.1
Exercise
of
power
by
state
——
withdrawal
by
general
3
assembly
.
4
1.
Proceedings
may
be
instituted
and
maintained
by
the
5
state
of
Iowa,
or
for
the
use
and
benefit
thereof,
for
the
6
condemnation
of
such
private
property
as
may
be
necessary
7
for
any
public
improvement
which
the
general
assembly
has
8
authorized
to
be
undertaken
by
the
state,
and
for
which
an
9
available
appropriation
has
been
made.
The
executive
council
10
shall
institute
and
maintain
such
proceedings
in
case
authority
11
to
so
do
be
not
otherwise
delegated.
12
2.
a.
At
any
time
during
an
eminent
domain
proceeding
13
initiated
by
the
Iowa
utilities
board,
a
greater
than
14
three-fifths
majority
of
either
house
of
the
general
assembly
15
may
vote
to
withdraw
from
the
proceeding.
16
b.
Upon
a
vote
under
paragraph
“a”
,
the
chief
clerk
of
17
the
house
or
secretary
of
the
senate,
as
applicable,
shall
18
notify
the
governmental
entities
and
parties
involved
in
the
19
proceeding
and,
following
receipt
of
such
notice,
all
hearings,
20
depositions,
trials,
or
similar
operations
of
the
proceeding
21
must
immediately
cease.
22
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
25
retroactively
to
eminent
domain
proceedings
initiated
by
the
26
Iowa
utilities
board
on
or
after
January
1,
2024.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
allows
a
greater
than
three-fifths
majority
of
31
either
house
of
the
general
assembly
to
vote
to
withdraw
32
from
an
eminent
domain
proceeding
instituted
by
the
Iowa
33
utilities
board
(IUB).
Upon
notice
to
the
involved
entities
34
and
parties,
all
trials,
depositions,
hearings,
and
similar
35
-1-
LSB
6216YH
(4)
90
sc/ns
1/
2
H.F.
2361
operations
of
the
proceeding
must
cease.
The
bill
takes
effect
1
upon
enactment
and
applies
retroactively
to
eminent
domain
2
proceedings
initiated
by
IUB
on
or
after
January
1,
2024.
3
-2-
LSB
6216YH
(4)
90
sc/ns
2/
2