Kingsway Cathedral v. Iowa Department of Transportation and City of Des Moines

Summary

The Supreme Court of Iowa held that temporary construction vibrations causing damage to a church building did not constitute a constitutional taking because they did not create a permanent physical invasion or servitude. The court reversed the district court's denial of the defendants' motions to dismiss and remanded for dismissal of the inverse-condemnation petition, leaving any potential recovery to tort remedies.

Holdings

1. Temporary vibrations caused by demolition and construction activities do not constitute a constitutional taking because they do not create a permanent physical invasion, continuing invasion, or servitude on the property. Any resulting recovery must be pursued in tort rather than through inverse condemnation.
2. Under the facts alleged, the Iowa Constitution's takings provision provides the same result as the Federal Constitution's takings provision because Kingsway identified no basis for distinguishing the protections afforded by the two provisions.
3. The motions to dismiss should have been granted because the petition, on its face, alleged no conceivable set of facts supporting recovery on a constitutional takings claim.

Questions Presented

1. Whether the recasted petition stated a claim for inverse condemnation under the Fifth Amendment to the Federal Constitution and article I, section 18 of the Iowa Constitution.
2. Whether temporary vibrations from public construction activities that allegedly damaged private property constitute a constitutional taking when they do not create a permanent physical invasion or servitude.
3. Whether the defendants' motions to dismiss should have been denied under Iowa's notice-pleading standard.

Disposition

reversed_and_remanded