50 State Report Card - The Castle Coalition

50statereport cardCastle CoalitionLEGISLATION REPORT CARDState:Iowa• Blight dignations are now property-by-property and an area canonly be condemned if 75 percent of the individual properti areblighted.• Blight must be proved by clear and convincing evidence.Even in the wake of the most reviledSupreme Court decision in decades, reform isnot always an easy task. Iowa deserves specialcredit for the perseverance it showed in tryingto impose restrictions on eminent domainabuse.Convinced that it had an obligation toshow greater respect for Iowans’ constitutionalrights, the Iowa General Assembly passedHouse File 2351 (2006) by a vote of 89-5 in theHouse and 43-6 in the Senate. The bill made itmore difficult for government officials to labelproperties “blighted,” and thereby to pursueeminent domain projects that would benefitprivate developers. Incredibly, Iowa’s governorvetoed the bill, claiming that it provided toomuch protection for individuals’ rights. Ratherthan agreeing to the governor’s watered-downversion of the bill, the General Assembly metin a special session and overrode the veto witha 90-8 vote in the House and a 41-8 vote in theSenate, thus securing important reforms toprotect the state’s citizens from eminent domainabuse. It was the first vote in Iowa to override agovernor’s veto since John F. Kennedy was in theInc.White House.While not perfect, HF 2351 represents animportant improvement in Iowa’s protectionof property rights. The new law changes howblight designations are used and requiresa property-by-property assessment. Onlywhen 75 percent of the properties in an UrbanRenewal Project are blighted can the remainingnon-blighted property be condemned. The newlaw also requires the government to prove blightby clear and convincing evidence, a significantshift away from the unthinking deference thathas so long marked courts’ consideration ofblight designations by municipalities.The Iowa General Assembly has shown itswillingness to pursue these important reforms,even when opposed by the governor. Futurelegislative sessions must see these effortscontinue so that Iowans may enjoy even moremeaningful safeguards for their property rights.House File 2351Sponsored by: State Senator Bob BrunkhorstStatus: Governor’s veto overridden on July 14, 2006.19