CCRC moving forward with reservoir land acquisition, even with appeal
“That’s what Clarke County Reservoir Commission (CCRC) is hoping for with unanimously deciding to still move forward in the land acquisition process for the reservoir (lake) project at Squaw Creek Watershed, even though an appeal has been filed in its court case.
This decision was made during a June 12 CCRC meeting.
The court case
In an April 8 ruling, Judge Sherman W. Phipps of the Fifth Judicial District of Iowa ruled in favor of CCRC’s ongoing Squaw Creek Watershed project, confirming it is for a public use, public purpose or public improvement as defined in the Iowa Code.
Therefore, CCRC may use the power of declaratory judgment and eminent domain in the reservoir project.
Declaratory judgment is a court review for acquiring land for a public project. It authorizes CCRC to purchase land from voluntary sellers and exercise eminent domain for involuntary sellers within the area of the watershed project.
Eminent domain is the government’s power to take private property for public use by a state.
An appeal from local landowners was filed May 6 in Clarke County Courthouse on the judge’s ruling in the CCRC court case.”
Hansen, Amy. Osceola Sentinel Tribune 18 June 2014.