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Courts limit eminent domain, affirm dairy farm decision

The Iowa Supreme Court re­­cently ruled that a public-private commission formed to construct a lake in Clarke County does not have the power to condemn land through eminent domain.

In a separate ruling, the Iowa Court of Appeals affirmed a jury verdict in favor of Fayette County dairy farmers Matthew and Diana Stewart, who were sued by a chaperone, Kimberly Ann Sallee, injured on an educational trip to their farm.

These two rulings were among several recent state Supreme Court decisions. Others concerned legal fees from a lawsuit filed by the Iowa Department of Natural Resources and leases on corn stover harvesting.

In the Clarke County eminent domain case, utilities in the county formed the Clarke County Reservoir Commission to locate, plan and design a new lake reservoir near Osceola, which could also be...




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