public use requirement (Iowa) · Go Syfert
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public use requirement in Iowa

8 Iowa opinions name it 2 courts 2015–2023 2 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Kelo v. City of New Londongreen
scotus · 2005 · cited in 3 Iowa opinions naming this issue, 2015–2019
2 sentences

2019Justice O’Connor identified “three categories of takings that comply with the public use requirement.” Id. at 497 .

2019Among them, Justice O’Connor stated, “[T]he sovereign may transfer private property to public ownership—such as for a road, a hospital, or a military base.” Id.

23
State v. Sorensengreen
iowa · 1989 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020Id. § 657.2; see State v. Sorensen, 436 N.W.2d 358, 362 (Iowa 1989) (holding that the state cannot lose title to public trust property by adverse possession); Witke v. State Conservation Comm’n, 244 Iowa 261, 271 , 56 N.W.2d 582, 588 (1953) stream is not “meandered”; even so, the public use principle applies.

11
Witke v. State Conservation Commissiongreen
iowa · 1953 · cited in 1 Iowa opinions naming this issue, 2020–2020
2 sentences

2020Id. § 657.2; see State v. Sorensen, 436 N.W.2d 358, 362 (Iowa 1989) (holding that the state cannot lose title to public trust property by adverse possession); Witke v. State Conservation Comm’n, 244 Iowa 261, 271 , 56 N.W.2d 582, 588 (1953) stream is not “meandered”; even so, the public use principle applies.

2020Id. § 657.2; see State v. Sorensen, 436 N.W.2d 358, 362 (Iowa 1989) (holding that the state cannot lose title to public trust property by adverse possession); Witke v. State Conservation Comm’n, 244 Iowa 261, 271 , 56 N.W.2d 582, 588 (1953) stream is not “meandered”; even so, the public use principle applies.

11
Bott v. Natural Resources Commissiongreen
mich · 1982 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See id. (stating that use of flowing surface water “is subject to the same rights, duties, limitations, and regulations as presently apply to meandered streams”). 11 (“[A]ll persons have a right to use the navigable waters of the state, so long as they do not interfere with their use by other citizens . . . .”); see also Bott, 327 N.W.2d at 872 (“The public’s right to use inland waters impressed with the trust to which the public has lawful access may not be abrogated.”); Op. Iowa Att’y Gen.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Keokuk Junction Railway Co. v. IES Industries, Inc. green
iowa · 2000
2 sentences

2023As to MidAmerican’s construction rights, the IUB acknowledged that—under Keokuk Junction Railway—“power lines and utility poles [were] not included within the scope of the general public highway easement.” Keokuk Junction Ry., 618 N.W.2d at 362 .

2023As to MidAmerican’s construction rights, the IUB acknowledged that—under Keokuk Junction Railway—“power lines and utility poles [were] not included within the scope of the general public highway easement.” Keokuk Junction Ry., 618 N.W.2d at 362 .

22023–2023
Southwestern Illinois Development Authority v. National City Environmental, L.L.C. green
ill · 2002
2 sentences

2019Id., 263 Ill.Dec. 241 , 768 N.E.2d at 9 .

2019Id., 263 Ill.Dec. 241 , 768 N.E.2d at 9 .

22019–2019
COUNTY COM'RS OF MUSKOGEE CO. v. Lowery green
okla · 2006
2 sentences

2019Id.

2019Id.

22019–2019
City of Norwood v. Horney green
ohio · 2006
2 sentences

2019Norwood, 853 N.E.2d at 1123 .

2019Norwood , 853 N.E.2d at 1123 .

22019–2019

Statutes the citing opinions construe

IA § Iowa Code § 6A.22 (5) IA § Iowa Code § 17A.19 (4) IA § Iowa Code § 6A.4 (4) IA § Iowa Code § 6A.21 (3) IA § Iowa Code § 6A.24 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 31 (1922–2026) NY 17 (1991–2024) CT 12 (1990–2010) NJ 11 (1965–2025) IL 10 (2002–2018) PA 9 (1993–2023) IA 8 (2015–2023) MA 7 (2005–2024) HI 7 (1952–2010) CO 6 (2004–2019) VT 6 (2013–2017) CA 6 (1941–2021) MN 5 (1949–2017) OH 5 (2003–2023) IN 5 (1934–2004) WA 5 (2000–2018) FL 4 (1975–2001) ME 4 (1983–2024) MD 4 (2006–2009) NC 4 (2003–2015) WV 3 (1923–2016) MO 3 (1988–2015) LA 3 (1966–2001) RI 2 (2006–2006) AZ 2 (1963–2018) DE 2 (1975–1987) UT 2 (2013–2014) VA 2 (1986–2006) MI 2 (2002–2015) KY 2 (2001–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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