Iowa Legislature overrides eminent domain veto

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By Dan Gearino | Friday, July 14, 2006 7:04 PM CDT | () comments

TODAY: (Updated 4:28 p.m.) DES MOINES — The Iowa Legislature voted this afternoon to override Gov. Tom Vilsack’s veto of a bill that limits local governments’ power to seize private property.

Both the House and Senate easily got the required two-thirds vote to make the bill become law. The override resolution passed 90-8 in the House and 41-8 in the Senate as lawmakers met in a special session.

“This bill, I think, is the best thing we can vote for today and end this session,” Sen. Bob Brunkhorst, R-Waverly, said.

Opponents of the bill, including Vilsack and local government leaders, say the measure is too restrictive and will harm the economy.

Vilsack proposed an alternative plan earlier this week, but House Republican leaders refused to consider it.

The governor has raised concerns that the override vote may be unconstitutional because the original bill was passed in a different session than the override. Iowa Attorney General Tom Miller issued an advisory opinion in 1998 saying that such a scenario would violate the state Constitution.

Vilsack said Friday morning that the constitutional question places a legal cloud over the vote.

Dan Gearino can be contacted at (515) 243-0138 or dan.gearino@lee.net.

EARLIER STORY

Iowa House overrides property rights veto

By Charlotte Eby

DES MOINES — The Iowa House of Representatives voted overwhelmingly Friday to override Gov. Tom Vilsack’s veto of a bill that restricts the government’s power to seize private property.

The override passed on a 90-8 vote and moved to the Senate, which is expected to override the veto later today.

Senate Democratic Leader Mike Gronstal, who said last week that an override was not the only option, conceded Friday morning that it was likely to happen.

“The votes are probably there for a veto override,” he said.

Legislators called themselves back into a special session to take action after Vilsack vetoed the measure this spring.

Dozens of property owners from across Iowa whose property could be taken for lake or airport projects rallied at the Capitol this morning to advocate the override vote.

Rep. Jamie Van Fossen, R-Davenport, said property owners deserve protection. “Eminent domain’s simple for my constituents to understand,” he said. “They understand they don’t want government coming in and taking their property and giving it to another developer.”

Rep. Jeff Kaufmann, R-Wilton, compared using eminent domain power for economic development to going “duck hunting with a bazooka.”

“The statement we want to make more than anything today is this is real lives, these are real people and their lives are going to be turned upside down unless we protect property rights in this state. It’s that simple,” he said.

Vilsack was still searching for a compromise with lawmakers this morning. The governor contends that the law will hamper the ability of local governments to redevelop blighted urban areas.

To make his point, he held a news conference with local government leaders at a residential and commercial development project in a poor Des Moines neighborhood.

“We cannot afford to turn back the clock on the progress we have made in keeping Iowa’s communities vibrant,” Vilsack said. “I hope that legislators will be reasonable, leave politics out of this issue and work with me to find an Iowa solution to this issue.”

Charlotte Eby can be contacted at (515) 243-0138 or chareby@aol.com.