Most people are generally familiar with the legal concept of
eminent domain, whereby the government can take private property
for public use, upon the payment of just compensation to the
property owner. It is found in the Fifth Amendment to the U.S.
Constitution, and similarly found in the Iowa Constitution at
Article 1, Section 18. The Iowa Legislature has provided that
the power of eminent domain to be enjoyed by state agencies and
local governing bodies shall be as delegated by legislative act.
In the Iowa Supreme Court case of East Oaks Development, Inc. v.
Iowa Department of Transportation ("DOT"), 603 N.W.2d 566, (Iowa
1999), the Court determined that the Legislature has not
extended this power of eminent domain for development of
recreational trials, stating: "...the DOT has no general eminent
domain authority for establishing recreational trails or
bikeways." Ultimately, the Court determined that the DOT could
exercise eminent domain to re-develop a road by placing a bike
trail next to it, since such