SF 226 (LSB 2338XS (3) 91)

SENATE FILE 226

BY  SALMON, CAMPBELL, ALONS, GUTH, WESTRICH, GREEN, TAYLOR, and ROWLEY

A BILL FOR

An Act relating to procedures to review the exercise of eminent domain, and providing fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 476.13, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  a.  Notwithstanding the Iowa administrative procedure Act, chapter 17A, prior to final commission action, an applicant before the commission under this chapter or a person whose real property is subject to an eminent domain taking claim arising from an application before the commission may petition the district court for an eminent domain declaratory review.
   b.  The district court for Polk county shall have exclusive venue for the judicial review under this subsection.
   c.  Relief under this subsection is limited to a declaration of the parties’ rights, status, and other legal matters relating to the constitutional and statutory provisions governing eminent domain takings.
   d.  The court may combine several substantially similar petitions into one review or relief order at its own discretion or upon the application of any party.
   e.  All orders or judgments under this subsection may be reviewed as other judgments, orders, or decrees.
   f.  This subsection does not limit the authority of the commission to proceed with an application under consideration at the time of the petition.
   NEW SUBSECTION.  5.  a.  A person whose real property is subject to an eminent domain taking claim arising from an application before the commission may commence a new action under subsection 4 if any of the following conditions apply:
   (1)  More than eighteen months have passed after the commencement of an action described in subsection 4 involving the person.
   (2)  The facts and circumstances as presented in a previous proceeding under subsection 4 materially differ from the facts and circumstances at the time of the commencement of the new action.
   b.  Notwithstanding subsection 4, paragraph “b”, the new proceeding must be in a district court of a county other than Polk county, and the district judge assigned to the matter must be a district judge other than the judge who presided in the previous action under subsection 4. The court shall make all determinations of fact and law in the new action de novo, giving no precedential value to determinations in the earlier action.
   NEW SUBSECTION.  6.  Commencement of a declaratory action under subsection 4 or 5 must be accompanied by a fee of ten dollars, payable to the clerk of the district court of the county in which the action is commenced. Fees collected under this subsection shall be deposited in the general fund of the state.
   NEW SUBSECTION.  7.  A bond shall not be required for an appeal of any order entered in an action arising from subsection 4 or 5, or for any injunction to enforce an order entered pursuant to subsection 4 or 5.
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 an applicant before the Iowa utilities commission (commission) under Code chapter 476 or a person whose real property is subject to an eminent domain taking claim arising from an application before the commission to file a petition seeking declaratory review from the Polk county district court. Relief by the court is limited to a declaration of the parties’ rights, status, and other legal matters relating to eminent domain. The bill does not limit the commission’s authority to proceed with an application that was under consideration at the time of such a petition.
   The bill allows a person whose real property is subject to an eminent domain taking claim arising from an application before the commission to commence a new action in a district court of a county other than Polk county with a different district court judge if more than 18 months have passed since the commencement of a prior action or the facts and circumstances presented in the prior proceeding have changed. In such a proceeding, the bill requires the court to review the issues without giving precedential weight to the findings in the prior action.
   The bill requires a fee of $10 to commence a declaratory action in the bill that must be paid to the clerk of the district court of the county where the action is commenced. The fees collected are deposited in the general fund of the state.
   The bill prohibits any bond requirements for an appeal of any order entered in an action arising from the bill, or for any injunction to enforce an order entered pursuant to the bill.