The Iowa Senate

State of Iowa

Eighty-First General Assembly

STATEHOUSE

Des Moines, Iowa 50319

For Immediate Release Contact: Kimberly Steenhoek

Wednesday, Jan. 18, 2006 (515) 281-6571

Senate Republicans Introduce Bill to Protect Private Property Rights

DES MOINES – Republican Senators today filed legislation that would curb the ability of local governments to seize private property through eminent domain.

“We want to protect the rights of private property owners,” said Senate Republican Leader Stewart Iverson (R-Clarion). “While eminent domain is a necessary tool for public infrastructure projects, its power should be used carefully.”

The bill tightens restrictions on how land can be condemned by local governments for public purposes and specifies that private economic development activities do not constitute public use. It also enhances notification requirements when local governments begin eminent domain proceedings.

“We believe it is a fundamental principle that private property should not be taken for another private use,” said Senate Co-President Jeff Lamberti (R-Ankeny). “Landowners should have the right to determine whether to sell their property without pressure from the government.”

The legislation also strengthens requirements for condemning property within a slum or blighted urban renewal area. Under the bill, property in these urban renewal areas would have to be considered on a parcel-by-parcel basis and meet certain established criteria in order to be condemned. Currently, properties within slum or blighted urban renewal areas can be condemned solely on the basis of their location.

Iowa farmland also would have increased protection under the legislation. While lawmakers have approved measures in recent years to better protect ag land from condemnation, this bill takes the restrictions a step further by eliminating the industry exception for ag land condemnation.

Republican senators said the legislation is needed because a June 2005 U.S. Supreme Court ruling, Kelo et al. vs. City of New London, CT, allowed economic development to be considered a “public use” for private property condemnation. The decision has been championed as a boost for local governments that seek to condemn land for economic development purposes.

Brad Hamilton, a business owner in Des Moines’ East Village neighborhood joined the Republican senators in introducing the legislation. Last fall, the City of Des Moines threatened eminent domain action against Hamilton, saying he had failed to make enough improvements to the property.

“We need to take a preemptive strike to ensure business owners like Brad Hamilton are protected,” said Economic Development Co-Chair Bob Brunkhorst (R-Waverly). “The government shouldn’t have the right to take your land just because someone wants to build a new strip mall.”

Since June 2005, 38 other states have introduced legislation addressing eminent domain issues.

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