April 20, 2006

HIGHLITES FROM THE SENATE

SENATOR MARK ZIEMAN

The Senate passed legislation to protect Iowa property owners from having their property taken for economic development purposes. This initiative was one of our top priorities during the 2006 legislative session.

The bill includes important new provisions that strengthen private property rights in Iowa and limits the government’s ability to take private land for another private use. We introduced the measure out of concern over the United States Supreme Court decision last year (Kelo vs. the city of New London) that upheld the ability of local governments to use eminent domain for private economic development. We believe it is a fundamental principle that private property should not be taken for another private use.

The legislation restricts the use of eminent domain for economic development purposes and puts the burden of proof on the city council or the county board of supervisors when they claim their use of eminent domain is within the definition of public use. The bill also allows property owners to challenge eminent domain in court and provides a simple process to do so. In addition, the bill increases compensation due to the landowner whose land is being taken for public projects and it prohibits city councils from condemning land outside of their city limits. Under this bill, local governments are allowed to continue to use eminent domain for public improvement projects, including sewers, streets and drinking water projects.

While eminent domain is a necessary tool for local governments, its power should be used prudently. This legislation includes common sense reforms that strike a balance between private property rights and economic development. I had some cities tell me that the bill was not necessary because they never used eminent domain. If that is indeed the truth, this bill will have few consequences for them.

This week marked the 100th day of this session, which was our target date for adjournment. A few complex issues remain to be resolved, but work continues by our leaders to find common ground. I would expect to see this session end in the coming week.

SENATOR MARK ZIEMAN

Senate District 8

For further information or clarification, please contact me at the Capitol (515) 281-3371 or at my home (563) 864-3104