LEGISLATIVE SPECIAL SESSION – JULY 14TH
By Norm Pawlewski – ICA Lobbyist
Both House and Senate members have agreed to meet on Friday, July 14, 2006 to take up House File 2351 – Eminent Domain Restrictions. The bill passed both houses by wide margins. It is unusual for a governor to veto a bill that had such strong bi-partisan support. Our governor, presidential hopeful, vetoed the bill claiming it would stifle economic development and adversely affect Iowa’s growth potential.
I read the bill and much of the pro and con written about it. If I had any doubts about whether the veto should be overridden, all doubts were erased after I read the second editorial in PRAVDA (also known as the Des Moines Register) praising the governor’s veto and urging the legislature to water down H.F. 2351. The Register’s “sky is falling” editorial claims enacting the protections for private property rights in this law will “ be a giant step backward for a state that can ill afford to create a self-inflicted handicap for future economic development.” That the legislature’s overwhelming vote for the provisions of H.F. 2351 is an “extreme position.” That the Iowa legislature and most constitutionalist conservatives, including four justices of the Supreme Court, “misunderstood” the Kelo vs. New London decision, and finally, the enactment of H.F. 2351 will be forever. According to the Register, if the legislature does not take this opportunity to change the rules for eminent domain, “There may never be another opportunity to make it better.” Did I miss the announcement that the legislature will never meet again, or that the court system, which can hear challenges to laws enacted by the legislature, has been disbanded?
Both editorials by the “newspaper Iowa depends upon” are over the top and in keeping with the left-leaning philosophy that dominates the Register’s editorial and managing staff.
Recently, on Fox News, the mayor of Dyersville and an attorney representing a 90-year-old widow, were interviewed about the city’s desire to force the sale of two acres of land the 90-year-old owner refuses to sell. Her lawyer said she has lived on this farm all her life and believes this land should be used only as a farm. The mayor said the two acres are critical to the development of an ethanol plant and creation of 40 to 60 jobs. The land is needed for a railroad right away, I assume, to transport raw materials and finished product. I can sympathize with the mayor, but I agree with the 90-year-old owner of the land. It is hers, and hers alone. I’m sure most residents of Dyersville would disagree with me. They see progress and dollar signs, much like the people who fought to get the first riverside casinos built in their communities. That’s been a real boon to Iowa’s economic development, hasn’t it? When we focus on the use of government power to negate personal freedom, we are asking for a whole lot of intended and unintended consequences. The Register has printed several editorials and articles on the Bush administration listening in on suspected terrorists’ conversations and their monitoring overseas money transfers between terrorists. They are concerned that we are giving up individual freedom for self-defense. Of course, giving up our right to own and use our property as we choose is only exercisable if the government doesn’t want to use it to generate more tax revenue. With that, the Des Moines Register is a-ok.
We believe that H.F. 2351 – Eminent Domain Restrictions, was carefully crafted, extensively debated and overwhelmingly approved by a bi-partisan vote of the legislature and, therefore, should become Iowa law. Recent reports confirm that the House of Representatives will vote to override the governor’s veto. The outcome in the Senate is clouded. Democrat Senate Majority Leader, Mike Gronstal, has indicated he is uncertain whether his caucus will support a veto or opt for a watered down version of H.F. 2351.
You can make a difference by contacting your state representative and state senator asking them to stick with the bill they passed and override the veto. Unless your legislators hear from you, the people, they may succumb to the pressure they are receiving from local politicians and developers. Ask them to ensure your right to private property ownership protection.
You have until Friday, July 14th. Don’t wait. Call (the best method), write (the next best contact), or e-mail your legislators.