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Supervisors decline to oppose condemnation for easement across FEMA buyout lot

January 02, 2025 | Louisa County, Iowa


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Supervisors decline to oppose condemnation for easement across FEMA buyout lot
The Louisa County Board of Supervisors voted to refrain from intervening in a condemnation proceeding that would create an easement across a county-owned FEMA buyout lot.

County legal counsel described an amended filing that adds the county as a party because the proposed easement crosses land previously purchased through a FEMA buyout program. Counsel explained that the county previously had not been named and that the question before the board was whether to intervene to assert county property interests or to allow the condemnation process to proceed without opposition.

After discussion about the history of the parcel, restrictions tied to FEMA buyout lots and whether the county had plans for the property, a supervisor moved for a resolution not to intervene and to allow the condemnation to proceed. The motion was seconded and carried on a voice vote recorded as "aye." The transcript records the board's direction as "we're not gonna fight it" and states that supervisors will let the legal process proceed rather than mounting opposition.

Board members and counsel noted limits that may apply to improvements on FEMA buyout lots (for example, restrictions on paving or adding gravel to such parcels), and they discussed that some of the affected land was originally acquired by FEMA following floods and sold as part of the buyout process. The board did not specify any financial settlement figures or alternative access plans on the record.

Outcome

- Motion: Do not intervene in condemnation on the FEMA buyout lot; allow the condemnation/easement process to proceed without county opposition.
- Moved: not specified. Seconded: not specified. Vote: motion carried (voice vote recorded as "aye").

The decision means county staff and counsel will not file opposing pleadings in the condemnation matter; the board did not direct additional legal action or set conditions on the county's non-opposition on the record.

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Scribe from Workplace AI
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