H.F. _____ 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 a proceeding under subsection 1 13 or a proceeding attempting or contemplating an exercise of the 14 state’s power under Article I, section 18, of the Constitution 15 of the State of Iowa, twenty-one or more members of the house 16 of representatives may file with the chief clerk of the house, 17 or eleven or more members of the senate may file with the 18 secretary of the senate, a petition seeking the withdrawal of 19 such a proceeding. 20 b. Upon the filing of a petition under paragraph “a” , 21 the chief clerk of the house or secretary of the senate, 22 as applicable, shall notify the governmental entities and 23 parties involved in the proceeding and, following receipt of 24 such notice, all hearings, depositions, trials, or similar 25 operations of the proceeding must immediately cease until all 26 of the following occur: 27 (1) A greater than three-fifths majority of each house 28 of the general assembly vote in favor of resumption of the 29 proceeding. 30 (2) More than three-fifths of the members of each house of 31 the general assembly deliver to the chief clerk of the house 32 or secretary of the senate, as applicable, a signed affidavit 33 stating that the member, being duly sworn to uphold the 34 Constitution of the State of Iowa and the Constitution of the 35 -1- LSB 5692YC (3) 90 sc/ns 1/ 4

H.F. _____ United States, has made due independent inquiry into the facts 1 and circumstances of the proceeding, and, in the opinion of the 2 member, the proposed exercise of power of eminent domain is 3 consistent with the protections afforded property owners under 4 both the Constitution of the State of Iowa and the Constitution 5 of the United States, the proposed exercise of power of eminent 6 domain is for a constitutionally bona fide public use, and the 7 mechanism for determining the amount of compensation to be 8 provided to the owner of private property proposed to be taken 9 is reasonable and fair. 10 Sec. 2. Section 476.13, Code 2024, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 4. a. Notwithstanding the Iowa 13 administrative procedure Act, chapter 17A, prior to final board 14 action, an applicant before the board under this chapter or 15 a person whose real property is subject to an eminent domain 16 taking claim arising from an application before the board may 17 petition the district court for an eminent domain declaratory 18 review. 19 b. The district court for Polk county shall have exclusive 20 venue for the judicial review under this subsection. 21 c. Relief under this subsection is limited to a declaration 22 of the parties’ rights, status, and other legal matters 23 relating to the constitutional and statutory provisions 24 governing eminent domain takings. 25 d. The court may combine several substantially similar 26 petitions into one review or relief order at its own discretion 27 or upon the application of any party. 28 e. All orders or judgments under this subsection may be 29 reviewed as other judgments, orders, or decrees. 30 f. This subsection does not limit the authority of the board 31 to proceed with an application under consideration at the time 32 of the petition. 33 NEW SUBSECTION . 5. a. A person may commence a new action 34 under subsection 4 if any of the following conditions apply: 35 -2- LSB 5692YC (3) 90 sc/ns 2/ 4

H.F. _____ (1) More than eighteen months have passed after the 1 commencement of an action described in subsection 4 involving 2 the person. 3 (2) The person is an applicant before the board under this 4 chapter or the person’s real property is subject to an eminent 5 domain taking claim arising from an application before the 6 board and the person determines in good faith that facts and 7 circumstances as presented in a previous proceeding under 8 subsection 4 materially differ from the facts and circumstances 9 at the time of the commencement of the new action. 10 b. Notwithstanding subsection 4, paragraph “b” , the new 11 proceeding must be in a district court of a county other than 12 Polk county, and the district judge assigned to the matter 13 must be a district judge other than the judge who presided in 14 the previous action under subsection 4. The court shall make 15 all determinations of fact and law in the new action de novo, 16 giving no precedential value to determinations in the earlier 17 action. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill allows 21 or more members of the house of 22 representatives, or 11 or more members of the senate, to file 23 a petition with the chief clerk of the house or the secretary 24 of the senate, as applicable, to withdraw from an eminent 25 domain proceeding. Upon receipt of the petition and notice to 26 the involved entities and parties, all trials, depositions, 27 hearings, and similar operations of the proceeding must cease. 28 The bill authorizes resumption of the proceeding following a 29 greater than three-fifths majority vote by both houses and 30 submission of a signed affidavit from more than three-fifths 31 of the members of each house. 32 The bill allows an applicant before the Iowa utilities board 33 (IUB) under Code chapter 476 or a person whose real property 34 is subject to an eminent domain taking claim arising from an 35 -3- LSB 5692YC (3) 90 sc/ns 3/ 4

H.F. _____ application before IUB to file a petition seeking declaratory 1 review from the Polk county district court. Relief by the 2 court is limited to a declaration of the parties’ rights, 3 status, and other legal matters relating to eminent domain. 4 The bill does not limit IUB’s authority to proceed with an 5 application that was under consideration at the time of such 6 a petition. 7 The bill allows a person to commence a new action in a 8 district court of a county other than Polk county with a 9 different district court judge if more than 18 months have 10 passed since the commencement of a prior action or the facts 11 and circumstances presented in the prior proceeding have 12 changed. In such a proceeding, the bill requires the court to 13 review the issues without giving precedential weight to the 14 findings in the prior action. 15 -4- LSB 5692YC (3) 90 sc/ns 4/ 4