IAMU Informer
Follow IAMU!
  • Informer News Feed
  • IAMU Website

Iowa Supreme Court issues opinion in Clark County Reservoir Commission Case – Eminent Domain

4/14/2015

1 Comment

 
Last week, the Iowa Supreme Court issued an opinion in the Clarke County Reservoir Commission case.   The potential lake has been the subject of dispute in Clarke County, at the legislature and in the courts for several years.  The Clarke County Reservoir Commission was first organized in March 2003 for the purpose of creating a reservoir for water supply and other purposes.  Owners of affected farmland challenged the Commission's plan to condemn private property to build the 800-acre lake.
On March 5, 2013, in accordance with Iowa Code, the Commission filed an action in District Court seeking a ruling that the proposed lake was a public use that would allow for condemnation of private property.  On March 3, 2014, the District Court ruled that despite the fact that the 28E members didn’t all possess eminent domain powers, the 28E entity had the authority to move forward with the lake.  The Court went forward with the hearing on whether the lake constituted a public use and ruled on April 8, 2014 that the project qualified as a public use within the meaning of Iowa Code section 6A.22(2).

The landowners appealed, objecting that the Commission included private members who lacked eminent domain authority.   The Commission subsequently tried to correct this legal problem, by amending the 28E agreement showing that all members who individually lacked the power of eminent domain, had withdrawn from the 28E. 

The Supreme Court addressed two issues in the appeal: whether a joint public-private commission organized under chapter 28E can exercise the power of eminent domain and whether the withdrawal of the private members from the 28E entity after the case was filed rendered any further decisionmaking moot.

The Iowa Supreme Court decided that a 28E entity with both public and private members cannot exercise the power of eminent domain.  The court stated that statutes that give the power of eminent domain must be strictly construed and the Court would not infer the power to exercise eminent domain to a 28E that includes private entities when the statute does not specifically grant it.  

The court remanded the case back to the District Court for further consideration.  It is unclear at this time if this means that the whole proceeding, including the prior public use determination must be started over.  It is also unclear if this ruling will have any impact on pending legislation to stop the Clarke County Reservoir from moving forward. 
1 Comment
Mountain View Fencing and Decks link
4/2/2024 09:17:09 pm

Wow, this Iowa Supreme Court ruling on the Clark County Reservoir Commission case is quite the buzz around here! It's been a hot topic for years, with all the back and forth between landowners and the Commission. 🌊💼 The court's decision to remand the case back to the District Court definitely raises some questions about the future of the project. Will they have to start the whole process over again? And what about the pending legislation? 🤔 It'll be interesting to see how this all plays out in the end.






Reply

Your comment will be posted after it is approved.


Leave a Reply.

    Subscribe to The Informer!

    * indicates required

    Archives

    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014

    RSS Feed

Picture

Copyright 2025 Iowa Association of Municipal Utilities