Wednesday, March 22

Senator Bob Brunkhorst
Senator Keith Kreiman

Senate Switchboard: 515-281-3371

Bipartisan legislation to protect rights of Iowa property owners

            DES MOINES – A bipartisan effort in the Iowa Senate announced support today for legislation that would protect the rights of Iowa families, small business owners and others who own property in the state.

The new bipartisan legislation protects Iowa property owners from having their property taken for economic development purposes.  Currently, Iowa law allows city councils and other governmental bodies to use the process of eminent domain to take a person’s real property and give it to large business interests who promise “greater economic development.” 

“The bottom line is that we need a stronger state law to protect the property rights of Iowans,” State Senator Keith Kreiman of Bloomfield said.  “Local governments shouldn’t be in the business of using eminent domain to line the pockets of private developers.”

 “The right to own private property is a fundamental American right,” Brunkhorst said.  “I am proud our committee helped Republican and Democratic legislators come together to craft these important new protections for property owners.”

The new proposal was sparked by public concern about a U.S. Supreme Court decision last year (Kelo vs. the City of New London) that upheld the ability of a local governmental body to use eminent domain to help a private developer in Connecticut develop offices, a riverfront hotel and a health club, and asked for the confiscation of private property under the guise of eminent domain.

Highlights of the new legislation, which is both more restrictive than the current law and a House-passed version, include:

1)      Restricting the use of eminent domain for economic development purposes.

2)      Putting the burden of proof upon the City Council or County Board of Supervisors which claims that their use of eminent domain is within the definition of public use.

3)      Increasing “just compensation” due the landowner whose land is being taken for public projects.

4)      Prohibiting City Councils from condemning land outside their city limits.

The new proposal will allow local governmental officials to continue to use eminent domain for public improvement projects, including sewers, streets and drinking water projects.

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