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SF 226IOWASession 2025-2026State Billpassed chamber

Passed

Iowa Senate File 226 Establishes District Court Review Procedures for Eminent Domain Takings

Original title: A bill for an act relating to procedures to review the exercise of eminent domain, and providing fees.

Last action · March 5, 2025: Introduced, referred to Ways and Means. H.J. 515 .Sponsors: Sandy Salmon and 7 others

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What This Bill Would Do

Applicants before the Iowa Utilities Commission and property owners subject to claims can petition the Polk County District Court for a regarding constitutional and statutory rights. The bill sets a $10 filing fee, permits new actions in other counties under specific conditions, and exempts parties from posting appeal bonds.

Why it matters

Property owners facing utility-related claims gain a statutory path to seek judicial clarification of their legal rights before final administrative action occurs, while altering venue and bond requirements for appeals.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners subject to eminent domain claims

Property owners gain the ability to petition district courts for declaratory review, file new actions under certain conditions, and appeal orders without posting a bond.

Directly affected

Applicants before the Iowa Utilities Commission

Applicants are granted the right to seek eminent domain declaratory review in district court prior to final commission action.

Key Facts

Applicants before the Iowa Utilities Commission or property owners subject to an eminent domain claim may petition the Polk County District Court for eminent domain declaratory review prior to final commission action.
The Polk County District Court holds exclusive initial venue for judicial review under this legislation, with relief limited to declarations of rights, status, and legal matters.
A new action may be commenced in a district court of a county other than Polk County if more than 18 months have passed since the initial action or if facts and circumstances materially differ.
New actions outside Polk County require a different district judge who must make all determinations of fact and law de novo without giving precedential value to earlier determinations.

Show all 6 facts

Commencing a declaratory action requires a $10 fee payable to the clerk of the district court, which is then deposited into the state general fund.
Bonds are not required for appealing any order entered in these actions or for any injunction used to enforce such an order.

Frequently Asked Questions

Who can file a petition for declaratory review under this bill?

An applicant before the Iowa Utilities Commission or any person whose real property is subject to an taking claim arising from a commission application may file a petition.

What is the filing fee for starting a declaratory action?

A fee of $10 is required to commence a declaratory action, which is paid to the clerk of the district court and deposited into the state general fund.

Is a bond required to appeal an order under this measure?

No, a bond is not required for an appeal of any order entered in an action arising from this legislation, nor for any injunction enforcing such an order.

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Where This Stands

Currently passed chamber. The next step in the legislative lifecycle is Law.

Procedural history

10 actions

Mar 5, 2025HouseIntroduced
Introduced, referred to Ways and Means. H.J. 515 .
Mar 5, 2025Iowa Legislature
Committee report approving bill, renumbered as HF 763 .
Feb 25, 2025House
Committee vote: Yeas, 19. Nays, 2. H.J. 433 .
Feb 25, 2025House
Committee report, recommending passage. H.J. 433 .
Feb 13, 2025Iowa Legislature
Subcommittee recommends passage.
Feb 12, 2025Senate
Subcommittee: Bousselot, Blake, and Webster. S.J. 255 .

Show 4 earlier actions

Feb 11, 2025Iowa Legislature
Subcommittee Meeting: 02/13/2025 8:00AM RM 304.
Feb 11, 2025House
Subcommittee: Thomson, C., Lawler and Meyer, B. H.J. 291 .
Feb 6, 2025HouseIntroduced
Introduced, referred to Judiciary. H.J. 258 .
Feb 6, 2025SenateIntroduced
Introduced, referred to Commerce. S.J. 209 .

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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