In a message dated 9/2/2007 9:01:57 AM Central Standard Time,
[log in to unmask] writes:
Here's the link to "Eminent domain" in the index to the Iowa Code. Maybe you
can find your answer through these key words --
_http://www.legis.state.ia.us/Current/tablesandindex/Index_D-F.htm_
(http://www.legis.state.ia.us/Current/tablesandindex/Index_D-F.htm)
Good luck,
Donna
-----Original Message-----
From: Iowa Discussion, Alerts and Announcements
[mailto:[log in to unmask]] On Behalf Of Glenn Pollock
Sent: Saturday, September 01, 2007 7:27 PM
To: [log in to unmask]
Subject: eminent domain
INFO IOWA-TOPICS
Does any one know the chapter and paragraph dealing with the 2006
eminent domain law preventing land from being taken for economic
development. I have heard rumors that developers in area such as
Loess Hills will try to use the law to prevent Cities and counties
from enforcing zoning dealing with slope and erodible land. They
state that the new law prevents cities form taking any value of the
land. Any ideas about this.
Glenn Pollock
Glenn Pollock
6736 laurel
Omaha, NE 68104
402 571 6230 home
402 572 2004 work
[log in to unmask]
The sections of the Iowa Code you refer to are Sections 6A.21, 6A.22, 6A.23,
6A.24, 6B.2B, 6B.2D, 6B.3, 6B.3A, 6B.4, 6B.14, 6B.18. I don't believe the law
would apply the way the developers are suggesting. They are talking about
inverse condemnation. The foregoing sections of the law apply to direct
condemnation by a governmental entity. In fact, the change in the law was designed to
prevent developers from using local governments to condemn land for private
development, in response to the Kelo case in the U.S. Supreme Court.
Wally Taylor
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