House approves eminent domain limits

DES MOINES - In his first three years in the Legislature, Rep. Bobby Kaufmann has made reining in the use of eminent domain to condemn private property one of his priorities.

It took less than seven minutes Wednesday for the House to approve his legislation 92-3.

'It should not be possible to condemn private property for personal profit. It should be illegal to condemn private property for anything beyond public use,” the Wilton Republican said before the House passed Senate File 449.

Because it was amended, the bill must go back to the Senate, which originally approved it 50-0.

Kaufmann said the bill essentially forces a governmental agency to approve a preliminary route or site before resorting to eminent domain.

Also, if the land is not used after five years, it must be offered to the previous owner.

The bill limits condemnation to land required for the public use being considered, and eminent cannot be used if viable options exist, Kaufmann said.

'It creates a presumption for the courts that all other options are considered viable,” he said. In the case of a lake being constructed to provide drinking water, he said, 'if it is possible and cost-effective to pipe the water in or the existing lake can be expanded, the courts assume those options are to be had unless there are clear and convincing evidence otherwise.”