• Iowa Landowners File Lawsuit against Iowa Utilities Board
  • July 21, 2016 | Author: Bill Hanigan
  • Law Firm: Davis, Brown, Koehn, Shors & Roberts, P.C. - Des Moines Office
  • Press conference regarding eminent domain lawsuit scheduled for Wednesday, April 13, at the Davis Brown Law Firm in Des Moines, Iowa

    On Friday, April 8, Bill Hanigan of the Davis Brown Law Firm filed a lawsuit on behalf of nine Iowa landowners against the Iowa Utilities Board (IUB).

    The lawsuit, filed in Polk County District Court, argues that Dakota Access, a subsidiary of Energy Transfer Partners and Phillips 66, does not qualify as a utility and therefore should not have the ability to use eminent domain to forcibly access Iowa landowners’ property to build a pipeline to transport Bakken oil across the state.

    In March, the Iowa Utilities Board decided that Dakota Access did have the right to use eminent domain and could proceed under certain conditions. Our clients will argue that the Iowa Utilities Board has misinterpreted Iowa law, specifically the 2006 law designed to protect Iowa farmland. This will be the first opportunity for our clients to seek judicial review of Dakota Access’ eminent domain application. In addition to our own suit in Polk County, we expect that many similar eminent domain lawsuits will arise as land is condemned in the impacted counties.

    Press Conference Details:

    When: Wednesday, April 13, 2016 at 3:00 p.m.

    Where: Davis Brown Law Firm, 215 10th Street, Des Moines, IA; proceed to the 13th floor

    Participants:
    • Bill Hanigan, Davis Brown Law Firm
    • Keith Puntenney, petitioner landowner
    • LaVerne Johnson, petitioner landowner
    • Cyndy Coppola, petitioner landowner
    • 4 other affected landowners