City of Eagle Grove, Iowa v. Cahalan Investments, LLC

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The claims brought by the City of Eagle Grove alleging two properties owned by Cahalan Investments, LLC were abandoned and in an advanced state if disrepair and praying for a transfer of ownership from Cahalan to the City under Iowa Code 657A.10A fit within the public-nuisance exception recognized in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (Iowa 1992), and did not result in a taking requiring compensation to Cahalan.The district court dismissed the City’s petitions seeking ownership of the properties at issue in this case, concluding that the transfer of ownership without just compensation to Cahalan would constitute an unconstitutional taking. The Supreme Court reversed, holding that transfer of title to the two properties under section 657A.10A would not constitute a taking under the circumstances presented in this case, and therefore, there was no constitutional requirement of just compensation. View "City of Eagle Grove, Iowa v. Cahalan Investments, LLC" on Justia Law