House
File
2664
-
Reprinted
HOUSE
FILE
2664
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2522)
(SUCCESSOR
TO
HSB
608)
(As
Amended
and
Passed
by
the
House
March
28,
2024
)
A
BILL
FOR
An
Act
relating
to
actions
involving
hazardous
liquid
1
pipelines,
and
providing
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
2664
(2)
90
sc/ns/md
H.F.
2664
Section
1.
NEW
SECTION
.
479B.9A
Judicial
review
prior
to
1
final
board
action.
2
1.
a.
Notwithstanding
the
Iowa
administrative
procedure
3
Act,
chapter
17A,
prior
to
final
board
action,
an
applicant
4
before
the
board
under
this
chapter
or
a
person
whose
real
5
property
is
subject
to
an
eminent
domain
taking
claim
arising
6
from
an
application
before
the
board
may
petition
the
district
7
court
for
an
eminent
domain
declaratory
review.
8
b.
The
district
court
for
Polk
county
shall
have
exclusive
9
venue
for
the
judicial
review
under
this
subsection.
10
c.
Relief
under
this
subsection
is
limited
to
a
declaration
11
of
the
parties’
rights,
status,
and
other
legal
matters
12
relating
to
the
constitutional
and
statutory
provisions
13
governing
eminent
domain
takings.
14
d.
The
court
may
combine
several
substantially
similar
15
petitions
into
one
review
or
relief
order
at
its
own
discretion
16
or
upon
the
application
of
any
party.
17
e.
All
orders
or
judgments
under
this
subsection
may
be
18
reviewed
as
other
judgments,
orders,
or
decrees.
19
f.
This
subsection
does
not
limit
the
authority
of
the
board
20
to
proceed
with
an
application
under
consideration
at
the
time
21
of
the
petition.
22
2.
a.
A
person
whose
real
property
is
subject
to
an
eminent
23
domain
taking
claim
arising
from
an
application
before
the
24
board
may
commence
a
new
action
under
subsection
1
if
any
of
25
the
following
conditions
apply:
26
(1)
More
than
eighteen
months
have
passed
after
the
27
commencement
of
an
action
described
in
subsection
1
involving
28
the
person.
29
(2)
The
facts
and
circumstances
as
presented
in
a
previous
30
proceeding
under
subsection
1
materially
differ
from
the
facts
31
and
circumstances
at
the
time
of
the
commencement
of
the
new
32
action.
33
b.
Notwithstanding
subsection
1,
paragraph
“b”
,
the
new
34
proceeding
must
be
in
a
district
court
of
a
county
other
than
35
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Polk
county,
and
the
district
judge
assigned
to
the
matter
1
must
be
a
district
judge
other
than
the
judge
who
presided
in
2
the
previous
action
under
subsection
1.
The
court
shall
make
3
all
determinations
of
fact
and
law
in
the
new
action
de
novo,
4
giving
no
precedential
value
to
determinations
in
the
earlier
5
action.
6
3.
Commencement
of
a
declaratory
action
under
this
section
7
must
be
accompanied
by
a
fee
of
ten
dollars,
payable
to
the
8
clerk
of
the
district
court
of
the
county
in
which
the
action
9
is
commenced.
Fees
collected
under
this
subsection
shall
be
10
deposited
in
the
general
fund
of
the
state.
11
4.
A
bond
shall
not
be
required
for
an
appeal
of
any
12
order
entered
in
an
action
arising
from
this
section,
or
for
13
any
injunction
to
enforce
an
order
entered
pursuant
to
this
14
section.
15
Sec.
2.
NEW
SECTION
.
479B.9B
Judicial
review
of
final
16
order.
17
Any
person
or
entity
admitted
as
a
party
to
the
hearing
may
18
seek
judicial
review
of
the
final
order
issued
by
the
board
19
pursuant
to
section
479B.9,
as
provided
in
section
17A.19.
The
20
party
seeking
judicial
review
shall
not
be
required
to
post
a
21
bond
to
stay
action
on
the
permit.
22
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