Update Iowa Eminent Domain bill HF603

After the time, effort, and tenacity the work that Rep. Jeff Kaufmann and Rep. Kim Pearson did to assist HF603 to pass 91-6 in the Iowa House the bill’s future in now in peril. Here is a letter written by a Clarke County landowner:

Dear Senators,

I understand that HF603 must pass through the Senate Judiciary Committee before it can reach the Senate floor, I am asking you to please support this bill and bring it to the attention of the whole Senate.  This bill gives further clarification of the will of Iowans as shown in the 2006 special session concerning the careless use of eminent domain for projects labeled ‘for the public good’.

It passed out of the House on Tuesday of this week with broad bipartisan support.

Loop holes have been found and are being abused especially in regards to the lake language of the original 2006 legislation.  This has been evident in the headlong pursuit by a local commission for an over-sized recreation lake/water supply in Clarke County located in southern Iowa.

Because the loopholes have been exposed, unless the Senate moves to restrict these, other projects will utilize them in the future.  Clarke county only happens to be the first and in the process of doing so right now.

The Clarke County Reservoir Commission secured the required studies of the 2006 legislation but provided faulty input to the engineering companies preparing them. This local commission has allowed and encouraged those companies to inflate projected population growth, commercial growth, water need and to distort the cost and feasibility of other alternatives such as a pipeline by adding a separate recreation lake to the studied pipeline alternative.

Inflated water need has allowed them to plan for a much larger lake, more suitable for recreation, than would actually be necessary to meet reasonable projections and genuine water supply needs.

They have flagrantly included provision for recreation factors in excess of $5 million in the Draft Plan completed for this project by the Natural Resources Conservation Service.

Those recreation amenities include fishing piers, camping facilities for modern RVs and modern tent, 4 boat ramps, 9 fishing jetties, multiple Restroom Facilities w/ flush toilets, showers, disabled accessible,  four 24 X 36′ shelters, many grills and picnic tables, a 10′ wide concrete trail, a 300′ Beach, with Modern Restroom facilities and several multiple space concrete parking lots.

Iowa Law does not allow the condemnation of private property for recreation lakes.  Please uphold the spirit of the 2006 Eminent Domain legislation by insuring that these loop holes are closed.

HF 603 must move from the Senate Judiciary Committee to be taken up by the Senate. It appears that a very few people hold the fate of this bill in their power. Senator Dvorsky specifically will need to support the bill to advance to the entire Senate. Here is contact information:

Senate Switchboard: 515-281-3371

Mailing address:
State Senator Bob Dvorsky
Iowa Statehouse
Des Moines, IA 50319

E-mail:
Bob.Dvorsky@legis.state.ia.us

Clarke County landowners need Iowans to take a stand for them.

The time is now.

Walk in their shoes. Imagine life with the threat of your home, farm, business being under the menace of Eminent Domain. Take the time to support efforts to strengthen the current Eminent Domain legislation.

Do it today.