Pipeline construction

Eminent Domain Overview

Eminent domain is the condemnation of private property for public uses or purposes. It doesn’t include the donation of property or the voluntary negotiation and purchase of property by an acquiring agency. Public projects that commonly involve eminent domain include airports, railways, roadways, pipelines, and city sewer system improvements. Individuals whose property may be subject to government acquisition, through eminent domain, or purchase, are advised to retain personal legal counsel. The government can seek to condemn an easement, part of the property or the entire property.

The legislature has granted state agencies, cities, counties, and federal governments, as well as cemetery associations, railways, and Soil and Water Conservation Districts eminent domain powers. States, cities, and counties most commonly exercise it. Utilities and railroads can also acquire easements by eminent domain.

“Acquiring Agency”= state of Iowa, or any entity conferred the right by statute to condemn private property or exercise eminent domain
"Applicant" & "Condemner"= acquiring agency

Basic Procedure

Approval of Public Project – Before an agency can vote to approve or deny a public improvement project or the alteration of an existing project, the agency must make a good faith effort to give notice of the public hearing to the affected property owners. The agency must mail a notice to the property owners at least 30 days before the hearing and publish it once, no more than 20 days but no less than 4 days before the...

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