HF 2361 (LSB 6216YH (4) 90)

HOUSE FILE 2361

BY  ANDREWS

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 6A.1, Code 2024, is amended to read as follows:
   6A.1  Exercise of power by state —— withdrawal by general assembly.
   1.  Proceedings may be instituted and maintained by the state of Iowa, or for the use and benefit thereof, for the condemnation of such private property as may be necessary for any public improvement which the general assembly has authorized to be undertaken by the state, and for which an available appropriation has been made. The executive council shall institute and maintain such proceedings in case authority to so do be not otherwise delegated.
   2.  a.  At any time during an eminent domain proceeding initiated by the Iowa utilities board, a greater than three-fifths majority of either house of the general assembly may vote to withdraw from the proceeding.
   b.  Upon a vote under paragraph “a”, the chief clerk of the house or secretary of the senate, as applicable, shall notify the governmental entities and parties involved in the proceeding and, following receipt of such notice, all hearings, depositions, trials, or similar operations of the proceeding must immediately cease.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 3.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to eminent domain proceedings initiated by the Iowa utilities board on or after January 1, 2024.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a greater than three-fifths majority of either house of the general assembly to vote to withdraw from an eminent domain proceeding instituted by the Iowa utilities board (IUB). Upon notice to the involved entities and parties, all trials, depositions, hearings, and similar operations of the proceeding must cease. The bill takes effect upon enactment and applies retroactively to eminent domain proceedings initiated by IUB on or after January 1, 2024.