Clarke County and Taylor County eminent domain issues

2010 will be yet another stressful year for Americans who face the real threat of having their land grabbed up by those who covet what is not theirs. Iowans are no exception.

For many posts now I have attempted to raise awareness that land grabs just don’t happen to others, they can happen to you!

With this post I wish to make you aware of new information concerning land grabs in Iowa.

Iowa State University Center for Agricultural Law and Taxation has compiled information in brief written September 8, 2009. Eminent Domain Law, Urban Renewal and Tax Increment Financing – An Iowa Controversy provides insight to what is happening in Iowa. I urge you to read it but I will share the high points from my view.

In the Overview at the beginning of the article Erin C. Herbold and Roger A. McEowen explain that “farm families and owners of Iowa farmland are once again dealing with the issue of eminent domain – and the government’s right to exercise condemnation proceedings on private property for the “public good.”

Senator Grassley is mentioned for his unsuccessful attempt to get Sonya Sotomayor to give her view of eminent domain. Sotomayor “dodged” the question but I was pleased to see mention of Senator Grassley and that he did attempt to bring eminent domain into the confirmation hearings.

The Kelo Decision from 2005 is highlighted in the CALT brief and its lingering effects on states as is the current status of Iowa Law.

The 2006 Iowa Legislature passed a bill “that further restricted the use of eminent domain for economic development. Though the governor vetoed the bill, the veto was overridden by a special session of the Iowa Legislature.

Yes!

Of special interest to me is the section “Controversy in Clarke County, Iowa.”

 

“A proposal for a 2200- acre reservoir in Clarke County has sparked a heated debate among private landowners and particular Iowa legislators. Most of the land the county is seeking to condemn for the project is owned by long-established farming operations.”

The term “long-established farming operations” are more than just words to me. Taking land from farmers for water is one thing but the Clarke County working to condemn 900 acres for a reservoir because it wants to “enhance economic development and encourage residential housing” is outrageous.

Please read on:

 

“Note: The entire project involves the proposed acquisition of 3,628 acres which would include 900 acres for the reservoir and 2,619 acres for public recreation. The balance of the land that would be “taken” would be use for (1) a triple-lane boat ramp with 75 parking spaces; (2) three single-lane boat ramps with 20 parking spaces; (3) nine fishing jetties; (4) 32 RV campsites with full water and electric service; (5) 80 pull-through campsites with electric service; (6) 10 camping cabins; (7) an accessible fishing pier; (8) one mile of concrete multi-use trail; ( 9) a day-use area with ball fields, shelters and picnic facilities; (10) 300 feet of beach complete with picnic facilities and a bath house.”

Does this sound like drinking water needs to you?

Enter the Iowa DNR who “opined” that “because the project was commenced before the 2006 change in Iowa law, the county should proceed with the original objectives of the project.”

Thankfully Iowa Representative Jeff Kauffman (R-Wilton) had an answer for the greedy DNR:

“The law of this state that passed overwhelmingly said that only drinking water needs are a reason to condemn people’s land, not a 300 foot beach with a bath house. If we allow Clarke County to get around this with a loophole, then what are we going to say to the next county and the next county after that?”

Yes, what are we going to say?

Now Taylor County land grabbers are at work on a “proposed lake” in their county.

What starts out to be the necessity for water in Taylor County becomes this:

“Now we’re down to where if you want to be a piece of it, you need to put money up,” said McIntosh. “It’s the time right now, before we go any further, for everyone to put their money on the table.”

Hilger said a local option sales tax from Taylor County could be used to repay any loans, and extra revenue could come from selling lake-view lots.

“… is a benefit to Adams County, too, because people coming from the north to this lake will go either through Corning or right next to Corning,” he said. “I don’t think it’d be that hard to get Adams County to help support this lake. There are people in Adams County, if they think something is good, they are going to really push it.”

Other entities that could help fund the project include Taylor County Board of Supervisors, Bedford Water Works, Lenox Municipal Utilities and Bedford American Legion.

Future

While the lake’s construction could be more than a decade away, Hilger is already looking at potential benefits.

“The more I work on this, the more excited I get,” he said. “This could be a great project for the region.”

An added lake in Taylor County would draw people from cities like Omaha, Neb., Kansas City, Mo., and Des Moines for recreational purposes and could generate other business and tax dollars with a location along Highway 148, Hilger explained.

“Excited”?

Water?

Greed??

Abuse of private property rights???

I say greed and abuse of private property rights for those who stand to benefit from the grabbing of land from “long established farming operations” and others who do not wish to see their home at the bottom of a lake.

Please pay attention Iowans and be thankful that a Jeff Kauffman is standing up for the rights of Clarke County landowners. Some time soon you may need him to stand up for you.

Taylor County residents who are potentially unwilling victims in this next land grab be aware that Iowans will be paying attention to what the greedy are willing to do to you!

The “Conclusion” of the CALT brief is one to remember:

“The eminent domain issue remains an important consideration for Iowa landowners and state legislators.”