Clarke County Reservoir Commission v. Linda Sue Abbott, et al.

Summary

The Iowa Supreme Court considered whether a joint public-private commission formed under Iowa Code chapter 28E could exercise eminent domain and seek a public-use declaration under Iowa Code section 6A.24(2). The court held that a 28E commission containing private members without eminent-domain authority could not itself exercise that power or act as the acquiring agency. The court further held that the private members’ postjudgment withdrawal did not moot the appeal, and it reversed and remanded.

Holdings

1. The appeal was not moot because the Commission's authority was defective when it filed the declaratory action and when the district court entered judgment, and reversal could still have a practical legal effect because the reservoir had not been built and the property had not been acquired through eminent domain.
2. A chapter 28E entity containing private members that lack eminent-domain authority cannot itself exercise eminent domain and cannot serve as an acquiring agency seeking a declaratory judgment under Iowa Code section 6A.24(2). A chapter 28E agreement confers no new eminent-domain power; it permits only the joint exercise of powers already possessed by the participating agencies.
3. The district court erred by allowing the declaratory action to proceed to judgment with a plaintiff that was not a proper acquiring agency, requiring reversal of the declaratory judgment.

Questions Presented

1. Whether a chapter 28E commission containing private members that lack eminent-domain authority may itself exercise eminent domain or qualify as an acquiring agency authorized to seek a public-use declaration under Iowa Code section 6A.24(2).
2. Whether the withdrawal of the Commission's private members after entry of the district-court judgment rendered the landowners' appeal moot.
3. Whether the district court's declaratory judgment should be reversed because the Commission was an improper acquiring agency when it filed the action and obtained judgment.

Disposition

reversed_and_remanded