Wise, Fraise split on override of veto

By Cindy Iutzi/Gate City Staff Writer
Monday, July 17, 2006 11:02 AM CDT

DES MOINES - Both chambers of the Iowa Legislature overrode the governor's veto of the eminent domain bill Friday, the first time that has happened in 40 years.

The bill puts new restrictions on local governments' ability to seize private property.

“Everything went the way I thought it would, but by a wider margin,” said state Rep. Phil Wise, D-Keokuk. “The vote in the House was 90 to 8 with two members absent. The vote was 89 to 5 the first time with six absent. I think the size of the House vote is one of the reasons the Senate reacted the way it did.”

The Senate, which had the ability to stop the override in its tracks, instead overwhelmingly voted to override Gov. Tom Vilsack's veto by a 41-8 vote. One member was absent.

State Sen. Gene Fraise, D-Fort Madison, voted against the override. He believes this session was more of a political move than a philosophical stand.

Furthermore, Fraise sees a downside to the legislation as it now stands.

“It will stymie cities from taking care of slum areas and blighted areas, one of the things I didn't like about it,” Fraise said. “Urban sprawl is a big issue, with factories breaking new ground. We're trying to rejuvenate the cities, but the new bill is saying, ‘We don't want you to do that.'”

He cited Burlington's efforts offer blighted downtown areas for redevelopment to new businesses where city services such as sewer and water already are established before taking them out to the farm ground on the outskirts of town.

“So I voted no on that idea,” he said. “I thought we could fix it and Republicans said, ‘No.' I'm one of the eight who voted my convictions.”

The override vote in Friday's special session was of questionable legality, Wise said.

An Iowa attorney general's ruling in 1998 casts doubt on the Legislature's legal ability to override a veto after its regular legislative session ends.

Those votes have cast “a legal cloud over the validity and status of the eminent domain legislation,” Attorney General Tom Miller said Friday.

He stands by his legal opinion from 1998, when he advised then Senate Majority Leader Stewart Iverson, R-Clarion, that it was illegal for the Legislature to hold a special session for the sole purpose of overriding a veto after the regular session ends.

“We have no reason to read the law differently today,” Miller said.

Miller said the Legislature had a reasonable alternative to overriding the governor's veto - passing the same bill in a special session and keeping that session open. If the governor vetoed the bill again, Miller said, the Legislature could return legally to override the veto.

Before Friday's session opened, Wise said he had suggested to Speaker of the House Christopher Rants, R-Sioux City, that the House pass a new bill, wait three days for the governor to sign or veto, and then, if necessary, reconvene.

“Rants chose not,” Wise said. “But I tried. I had a bill ready.

“There is a possibility and even a likelihood some organization will challenge the legality of what we did. It could get to the Iowa Supreme Court.”

Vilsack did not rule out legal action.

“I understand legislators need to do what they feel is in the best interest of their district, just as I must do what I feel is in the best interest of the state,” he said in a statement Friday.

Miller said his office may play a role in litigation if any parties - including the governor - challenge the legality of the veto override.

Vilsack has said he vetoed the bill because it would hamper economic development across the state.

Associated Press writer Henry C. Jackson contributed to this article.