The date is set, and it has come much quicker than many would’ve expected.
During a Jan. 15 Clarke County Reservoir Commission (CCRC) meeting, Dave Beck, project coordinator for the CCRC’s ongoing reservoir project, said the Iowa Supreme Court has set the oral argument for the appeal on eminent domain to be heard Feb. 18, 2015.
“Certainly, this is much sooner than I told you it would happen,” Beck said. “I told you it would happen based on Ivan (attorney), what he’s had in his history. Normally, he would’ve thought the date would’ve been somewhere nine months to two years out.”
Attorney Ivan T. Webber is currently the CCRC’s legal counsel on its reservoir project.
What is the project?
CCRC’s ongoing reservoir project in northern Clarke County could provide a water supply for Osceola and Southern Iowa Rural Water Association (SIRWA) with an 816-acre lake, which could provide 2.2 million gallons of water per day.
West Lake, the current water source, doesn’t meet the needs of Clarke County and SIRWA.
The total project cost for the reservoir in the CCRC reservoir project is estimated at $37.6 million. Funding for the project includes many sources, especially funding from the local-option sales tax.
On April 8, 2014, Judge Sherman W. Phipps of the Fifth Judicial District of Iowa ruled CCRC’s ongoing Squaw Creek Watershed project is for a public use, public purpose or public improvement as defined in the Iowa Code.
Therefore, CCRC may use the power of declaratory judgment and eminent domain in the reservoir project. Eminent domain is the government’s power to take private property for public use by a state.
Declaratory judgment is a court review for acquiring land for a public project. It authorizes CCRC to purchase land from voluntary sellers and exercise eminent domain for involuntary sellers within the area of the watershed project.
The appeal
An appeal from local landowners was filed May 6, 2014, in Clarke County Courthouse on the judge’s ruling in the CCRC court case.
However, the CCRC has the power to purchase land during the appeal process. Purchase agreements from local landowners are currently being worked out.
In December, Iowa Supreme Court agreed to hear the appeal filed by local Clarke County landowners against CCRC.
The appeal is about if CCRC has the right to the power of eminent domain with its ongoing reservoir/watershed project.
What is going to happen?
Beck said, what could happen during the Feb. 18 court date, is several cases could already be scheduled for 9 a.m. About a week ahead of the scheduled date, there will be a list for when all the day’s presentations will be held. The reservoir’s case could end up being at 11 a.m. or another time during that day.
Each side of the appeal will get 15 minutes, and then the appellant will get another five minutes. Then, the justices will take time to ask their own questions on the case.
Beck said the justices will render their written decision, and it could end up being a split vote with a majority opinion or minority opinion.
“This all takes time and Ivan says there’s no statutory limit on how fast they have to get their decision,” Beck said.
Beck said he would be in attendance for oral arguments, which are open to the public, and he encouraged reservoir commission members to also attend.
“Is this the last step? I mean, no matter how it comes out (with the appeal) … or is this the end of it?” CCRC member Dan McIntosh asked.
Beck mentioned there’s a federal court, but Iowa Supreme Court is the highest level in the state.
“That’s what’s going on there,” Beck said.