The $50.1 Million dollar water plant project in the City of Ames, Iowa has caused quite a commotion not only with property owners in the area, but with State legislators as well.
The Ames Tribune published a story regarding the City of Ames plan to construct a water plant on 44 acres of federally owned land comprising part of the National Animal Disease Center. However, as stated by Mike Gruber, senior policy advisor in Washington DC, standard appropriations rules do not give the NADC authority to sell the property outright to the City of Ames. The NADC can instead participate in a land swap with the city of Ames, and they have expressed interest in four farm parcels located North and West of their current facility on North Dayton Avenue. Unfortunately, this is privately owned land, and while the City would attempt to negotiate a sale with the owners, they have mentioned using eminent domain if necessary.
In order to avoid land acquisitions from private owners, Congressman Tom Latham has introduced a bill that would allow the City of Ames to purchase the land owned by the NADC. According to the article written by Jennifer Meyer of the Ames Tribune, they hope Congress will authorize the cash transaction before the Nov. 2 election. Gruber will meet with the House Committee on Agriculture to see whether the bill will move forward individually or as part of a similar land deposition in Florida.
If the City of Ames can not purchase the land directly from the NADC and they instead need to acquire privately owned land for a land swap, does this acquisition meet the public use requirements necessary for eminent domain? While the water plant clearly meets the public use requirement, the property owners could argue that the acquisition itself does not serve the public because the land will not be used for the project. However, I think the courts would not look at the situation so narrowly, and would instead determine that the acquisition is necessary in order for the project to be completed, and therefore serves a public purpose.
The City of Ames and the State of Iowa have shown respect for property owner rights by striving to get this bill passed, and it appears that they will be successful.
Learn more about the Iowa Eminent Domain laws.
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