Statehouse Republicans joined Democrat Ed Fallon Monday to endorse a legislative package aimed at protecting the property rights of Iowans. The seven pieces of legislation would close loopholes that allow local governments to condemn property owned by private individuals and turn it over to developers.
The package of bills was unveiled at a press conference on Monday by Reps. Jeff Kauffman, R-Wilton, Jodi Tymeson, R-Winterset, and Pat Grassley, R-New Hartford, as well as Fallon, who is challenging incumbent U.S. Rep. Leonard Boswell, who represents Iowa’s 4th Congressional District, as the Democratic candidate for congress.
Fallon, who ran in the Democratic gubernatorial primary in 2006, has made property rights a centerpiece of his political activism in the past. He was also a member of the Iowa House before retiring to run for governor.
Kaufman said the proposed legislation will protect landowners who could lose their property because of the flaws in the current law.
“This legislation is fundamental to the people’s rights in this state,” said Kaufmann. “Iowans have had their lives turned upside down by a simple loophole, we’re very happy that we can work in a bipartisan manner to protect our citizens. I would think Republicans and Democrats alike can agree that no one’s land should be taken away from them.”Currently in Iowa, more than 10,000 acres of land are under the threat of condemnation by their local governments.
The broad-based package of bills would:
- Require that the compensation commission meet in open session with the landowner to discuss the valuation of property.
- Force a local government, when acquiring property for a lake, to provide evidence that there are no feasible alternatives available. It would also provide the landowner with attorneys’ fees in contested proceedings and reimbursements for loss of business. In addition, it would limit a city’s ability to condemn land in rural areas for redevelopment.
- Prohibit the removal of property from the state historical register in order to have it condemned.
- Prohibit the use of tax dollars for lobbying efforts on behalf of a project requiring use of eminent domain.
- Require that a municipality have adequate funding to pay for a project before the property is condemned.
- Exclude projects that require the acquisition of property through eminent domain from receiving state tourism or community betterment funds.
- Establish a property owner defense fund to reimburse incurred legal costs.
- Require the governor’s approval on projects in which the state uses condemnation and precludes the Department of Natural Resources from using condemnation to acquire property for recreation areas.
The bills will likely be introduced in the House and assigned to a committee by Tuesday.