How Iowa Landowners Can Be Prepared for Eminent Domain

The power of eminent domain gives local, state, and national governments the right to take landowner’s property away from them. According to the Fifth Amendment, the government is able to seize the land for public purposes in exchange for just compensation. Know how to protect yourself if the government comes for your land as well as specific eminent domain laws in the State of Iowa and its local jurisdictions.

What Are the Eminent Domain Laws?

In order to protect yourself, it’s essential to understand the laws around eminent domain. Iowa Code § 6A states that county-level governments can take private property from landowners under their jurisdiction. Not only county-level, but cities, cemetery associations, and subdistricts of water and soil conservation districts. 

Eminent domain can be used to provide a public way to connect with an existing public road in situations where properties don’t connect to public or private roads.

As respecting personal property rights go, Iowa is more respectful than other states and its government officials try not to abuse the power of eminent domain. In fact, Iowa legislators increased care on what they consider “economic benefits” and “blighted property” as a result of the controversial Kelo v. City of New London, 545 U.S. 469 (2005) case.

If there is property in Iowa that’s “blighted” or otherwise considered to be in unlivable conditions, the government can take it. This is also the case if it is economically beneficial without displacing individuals. If the use for the land is considered a “project or acquisition” plan, then the right to eminent domain is also applicable.

Iowa landowners receive 130% of the appraisal value in eminent domain cases, plus expense payments up to $5,000. Iowa Code § 6B explains the state’s procedure regarding eminent domain in greater detail.

Speak With an Eminent Domain Attorney

Eminent domain cases affect urban and racially diverse areas and low-income residents more than other areas, according to a report published by the Institute for Justice. That said, any Iowa resident is susceptible to eminent domain, especially private farm owners. 

If 75% of the properties within the project are blighted properties, municipalities may acquire properties for redevelopment or urban renewal projects. The government has many options at hand to claim public need. 

It’s helpful to speak with an eminent domain attorney based in Iowa when facing a land claim. Every state and county has different laws and rights afforded to public officials, councils, private companies, nonprofit groups, and landowners, so reaching out to an eminent domain attorney in your area will help you understand laws specific to your state and county.

Be Prepared

It’s helpful to prepare yourself for eminent domain potential. It may not be as overwhelming or unexpected if you recognize that this could happen to you. A standard claim typically takes several months to resolve, while nonstandard cases can take a year or more. 

Although the thought of turning your property over to the government can be difficult, taking initiative to learn more about the laws can increase your knowledge and confidence. You can learn whether the government is following the rules or stepping outside of its boundaries by trying to claim your property with the help of an eminent domain attorney.