Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation.
I am afraid I have some good news and some bad news. I will begin with the bad news first, but then will go on to the good news.
There is a doctrine in law called eminent domain
. In essence, it dictates that a government (local, state, or federal), can take private land if it feels that this land is needed for reasonable development of the area. It is also mentioned in the Iowa Constitution and is fully accepted in Iowa as well as other states. Bormann v. KOSSUTH COUNTY BD. OF SUP'RS, 584 NW 2d 309 - Iowa: Supreme Court 1998
So they can take that part of the property
. I am afraid that there is little that can be done if they are insistent.
That is the bad news.
Eminent domain requires that the owner be compensated
for their property. "Private property shall not be taken for public use without just compensation being paid therefor." Article I, section 18, Constitution of Iowa, I.C.A.
Traditionally, the government compensates the landowner handsomely for the property and the inconvenience. One can demand recompense. If it is not offered and/or if it is too little
, the amount may be appealed to the Court
and the Court makes the determination of what is to be paid. The Court often rules well in landlord's favor and the amount may be even more than the land itself is worth.
I hope this helps and clarifies. Good luck.
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