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Iowa Reforms Eminent Domain with Veto Override

In a move that’s good for property rights and trouble for some government managers and ambitious politicians, the Iowa legislature has overrode a governor’s veto for the first time in 40 years.

The issue: eminent domain. By a lopsided votes (91 percent in the House, 83 percent in the Senate), legislators enacted HF 2351 over the objections of Governor Tom Vilsack. The law makes it more difficult for governments to seize private land in the name of the public good.

Vilsack had claimed that he had the future on his side. “We cannot afford to turn back the clock on the progress we have made in keeping Iowa’s communities vibrant.” But legislators weren’t buying it. The law is expected to have an effect on urban renewal projects, airport expansions, and the creation of water storage areas for industrial purposes.

The state’s most influential newspaper, the Des Moines Register, agreed with the governor, saying there was no need for changes.

Earlier this year, the Public Interest Institute, an SPN member organization in Mt. Pleasant, Iowa, issued a report (PDF) Does Iowa Need Stricter Eminent Domain Laws? Jonathan M. Miltimore argued to the contrary, saying that additional safeguards were needed.

Looks like the legislature agreed.

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