House File 2522 - Introduced HOUSE FILE 2522 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 608) A BILL FOR An Act relating to procedures to review the exercise of the 1 power of eminent domain. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5692HV (2) 90 sc/ns

H.F. 2522 Section 1. Section 476.13, Code 2024, 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 board 4 action, an applicant before the board under this chapter or 5 a person whose real property is subject to an eminent domain 6 taking claim arising from an application before the board may 7 petition the district court for an eminent domain declaratory 8 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 board 21 to proceed with an application under consideration at the time 22 of the petition. 23 NEW SUBSECTION . 5. a. A person may commence a new action 24 under subsection 4 if any of the following conditions apply: 25 (1) More than eighteen months have passed after the 26 commencement of an action described in subsection 4 involving 27 the person. 28 (2) The person is an applicant before the board under this 29 chapter or the person’s real property is subject to an eminent 30 domain taking claim arising from an application before the 31 board and the person determines in good faith that facts and 32 circumstances as presented in a previous proceeding under 33 subsection 4 materially differ from the facts and circumstances 34 at the time of the commencement of the new action. 35 -1- LSB 5692HV (2) 90 sc/ns 1/ 2

H.F. 2522 b. Notwithstanding subsection 4, paragraph “b” , the new 1 proceeding must be in a district court of a county other than 2 Polk county, and the district judge assigned to the matter 3 must be a district judge other than the judge who presided in 4 the previous action under subsection 4. The court shall make 5 all determinations of fact and law in the new action de novo, 6 giving no precedential value to determinations in the earlier 7 action. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill allows an applicant before the Iowa utilities 12 board (IUB) under Code chapter 476 or a person whose real 13 property is subject to an eminent domain taking claim arising 14 from an application before IUB to file a petition seeking 15 declaratory review from the Polk county district court. Relief 16 by the court is limited to a declaration of the parties’ 17 rights, status, and other legal matters relating to eminent 18 domain. The bill does not limit IUB’s authority to proceed 19 with an application that was under consideration at the time 20 of such a petition. 21 The bill allows a person to commence a new action in a 22 district court of a county other than Polk county with a 23 different district court judge if more than 18 months have 24 passed since the commencement of a prior action or the facts 25 and circumstances presented in the prior proceeding have 26 changed. In such a proceeding, the bill requires the court to 27 review the issues without giving precedential weight to the 28 findings in the prior action. 29 -2- LSB 5692HV (2) 90 sc/ns 2/ 2