# Land Use



Of Slates and Allegiances in Johnson County

Guest posts advocating for Democratic candidates in competitive primaries are welcome here. Please read these guidelines before writing. -promoted by desmoinesdem

Plenty of chatter about the Democratic primary for Johnson County Board of Supervisors has been focused on which candidate is allied with which other candidate(s) (or not), which elected official is supporting which candidate (or not), which candidate supports which presidential candidate, and who represents real Democratic values…or not.

There are no slates in this election. I am not running with any of the other candidates on the ballot this June 7th, nor to my knowledge are any of the others. That said, a number of my supporters have made very public their support of one or two other candidacies. As you travel around Johnson County you will find my yard signs next to those of all five other candidates in the race, as well as next to those of Hillary Clinton, Bernie Sanders, Rob Hogg, Tom Fiegen, and Black Lives Matter. I am honored to be in all that good company.

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More lawsuits challenge eminent domain for Bakken pipeline

Owners of two farms in Cherokee County filed lawsuits on May 20 seeking to block the Texas-based oil company Energy Transfer Partners from seizing their land for the Dakota Access (Bakken) pipeline, William Petroski reported for the Des Moines Register. I enclose excerpts from his story below.

Like a separate lawsuit filed in Polk County last month, these legal claims are based on a 2006 Iowa law, which was designed to protect farmland from being condemned for private development. The plaintiffs argue the Iowa Utilities Board erred when it authorized a private company that is not a utility to use eminent domain.

Regardless of how district courts decide these claims, the Iowa Supreme Court will likely be the final voice on whether state law allows the use of eminent domain for this project.

Dakota Access started Bakken pipeline construction in North Dakota, South Dakota, and Illinois this week, but the Iowa Utilities Board denied the company’s request to start building here. O.Kay Henderson reported for Radio Iowa that the board’s legal counsel noted the oil company “has not filed all the necessary permits and associated verifications to begin construction.” Although the board approved the permit to build the Bakken pipeline in March, as did the Iowa Department of Natural Resources, the Army Corps of Engineers has not yet approved permits for portions of the pipeline that would cross federal land.

Brian Morelli and Rod Boshart reported for the Cedar Rapids Gazette on the Private Property Rights Coalition’s work to educate landowners along the pipeline route about the eminent domain process and “legal options if they refuse to voluntarily sign easement agreements with the oil company.” One of that group’s leaders is Keith Puntenney, who has not signed an easement for his farmland in Boone and Webster counties. Puntenney is also the Democratic challenger to State Senator Jerry Behn in Iowa Senate district 24.

More resources for landowners and citizens who oppose the pipeline project are available on the website of the Bakken Pipeline Resistance Coalition, uniting more than two dozen Iowa non-profit organizations. I expect Bakken opponents to make their presence known when U.S. Senator Heidi Heitkamp of North Dakota comes to Des Moines as the featured guest for the Iowa Democratic Party’s Hall of Fame event next month.

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3rd Congressional District Forum sponsored by Ankeny Dems

Thanks to Stephen Nein for this first-person account. Many central Iowa Democrats I talk to are still undecided on this primary race. -promoted by desmoinesdem

(I just want to say that I apparently do journalism like every thing else – I’m an unrepentant slowpoke. -SN)

Unlike the Presidential campaign, I’ve been undecided on my candidate for the House and Senate election. In the House race: I’ve admired Jim Mowrer for his run against Steve King (& and I grew up in a house across the street from his current home in Waveland); Desmund Adams has a remarkable narrative and palatable thirst for the job; and Mike Sherzan is no slouch in his progressive business-based values.

Thankfully, the Ankeny Area Democrats helped by holding a candidate forum this week. If you missed it, it’s cool – there’s an even BIGGER forum next Tuesday for the Democratic candidates for both seats.

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Want to help under-funded schools? Invest in your downtown

“Footprint” of Jordan Creek Town Center development in West Des Moines, overlaid on the “East Village” neighborhood of downtown Des Moines, courtesy of Jim Thompson

Four of the oldest buildings in downtown Waterloo “have been renovated with their historic features revived,” John Molseed reported for the Waterloo-Cedar Falls Courier on May 13. A block that had been vacant since 2007 will now hold “four commercial spaces and six loft-style apartments.” The city of Waterloo and the state historic tax credit program helped secure private investment for the project.

Renovating older buildings is much better for the environment than razing them. The economic benefits of historic preservation are not always easy to measure, but converting vacant buildings to commercial or residential use generates revenue.

Downtown property is the most valuable per acre, according to data compiled by Jim Thompson, a business specialist for the Iowa Economic Development Authority’s Main Street Program. For that reason, Thompson advises anyone who will listen, “If you want to help your school districts, invest in your downtown buildings.”

His message should resonate with local officials after yet another state legislative session produced a disappointing budget for K-12 schools. With Thompson’s permission, I enclose below some materials he has created to show the impact of repurposing downtown buildings.

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Iowa's Democracy Spring

Bleeding Heartland welcomes guest posts advocating for candidates in competitive Democratic primaries. Please read these guidelines before writing. -promoted by desmoinesdem

In the 2016 Iowa Democratic Senate primary, if we are not careful, we are going to get corporate ag anti-environment, anti-labor Patty Judge jammed down our throats. The two progressives in the race are Tom Fiegen and Rob Hogg. The purpose of this letter is to compare the two on the issues that are important to us as progressives:clean water, CAFOs, blocking the Prestage slaughter plant in Mason City, the Bakken pipeline, $15 minimum wage, family farming, economic fairness and immigrant rights.

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Landowners challenge use of eminent domain for Bakken pipeline

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

The Iowa Utilities Board issued a permit for the Dakota Access (Bakken) pipeline on April 8, after declaring that Dakota Access LLC “has substantially complied with the requirements” of the board’s March 10 order. The same day, a group of agricultural landowners filed a lawsuit challenging the board’s use of eminent domain for the pipeline, intended to carry oil roughly 400 miles across eighteen counties from northwest to southeast Iowa. Litigation grounded in environmental concerns about the pipeline is expected later this year.

Follow me after the jump for more details on the land use lawsuit and ongoing efforts to block the pipeline at the federal level.

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Turtle Protection Bill passes and is signed by the governor

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

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Market forces may kill Bakken pipeline despite likely Iowa Utilities Board approval

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

UPDATE: As expected, the board voted unanimously to approve the permit. Scroll to the end of this post for more details and reaction.

The Iowa Utilities Board will meet this afternoon to issue a decision on the proposed Dakota Access pipeline. Everyone I know in the environmental community expects the three board members to approve the permit for this project, better known as the Bakken pipeline. Litigation is sure to follow, as opponents charge the Iowa Utilities Board’s eminent domain powers may be used only in the service of a “public good,” not “to privilege a private corporation.”

Other legal hurdles include the need for a permit from the Iowa Department of Natural Resources, because the pipeline route would cross “four areas in Iowa that have been identified as sovereign lands.” The Sierra Club Iowa chapter has been pushing for a thorough Environmental Impact Study and archaeological review. (Too many Iowa politicians from both parties signed a letter to the utilities board opposing an independent environmental impact assessment.)

Iowa State University economist Dave Swenson has long cast doubt on the “bloated” economic impact numbers Dakota Access has used to market the project. Click here for Swenson’s detailed analysis on the pipeline’s “purported economic and fiscal benefits to the state of Iowa.”

A growing number of observers believe the project no longer makes economic sense even for Energy Transfer Partners, the parent company of Dakota Access.

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Rest in peace, David Hurd

Broken Kettle Grasslands near Sioux City, Iowa–photo by Matt Hauge, used with permission

David Hurd passed away in Des Moines this weekend at the age of 86. Police have ruled out foul play in his deadly fall from his condominium building but have not announced whether he took his own life or fell accidentally. He had been suffering from Lewy body disease, a progressive condition.

Hurd was a legendary figure in local business circles, a past CEO of Principal Financial and member of the Iowa Business Hall of Fame since 1994. He left a bigger mark on the capital city than most people of comparable wealth have done. The Des Moines Register’s Lissandra Villa wrote about some of his philanthropic contributions here.

Many progressive organizations benefited from Hurd’s generosity, but it would be particularly hard to overstate how much he did for Iowa’s environmental community. Morgan Gstalter reported for the Register on Hurd’s gift that allowed the Nature Conservancy to acquire the first portion of the Broken Kettle Grasslands in the Loess Hills area: “Now at 3,217 acres, Broken Kettle is Iowa’s largest remaining native prairie and is home to bison and rattlesnakes.” The photo at the top of this post shows a tiny part of the stunning landscape. That gift alone would have secured Hurd’s legacy in the environmental world, but he was just getting started.

I became acquainted with Hurd during several years when we served together on the Iowa Environmental Council board. He was a co-founder of the organization. A few qualities stick out in my mind. First, he was attentive but generally quiet during meetings–the opposite of some business types who tend to dominate group conversations. Possibly reading my mind, Principal’s current CEO Dan Houston told the Register that Hurd was “one of the smartest guys you’d ever meet” but also “a very humble man, very capable, diverse, global, international and kind. He listened so, so very well.” Yes. Hurd was frequently the smartest guy in the room, but he never made a big deal about being the smartest guy in the room.

Hurd didn’t throw his weight around. He never pulled rank on any other board member, despite having given more money to the council than anyone else. I never heard of him trying to interfere with staff work, which large benefactors of many organizations have been known to do. When new ideas or programs were floated, he wanted to know about real-world impact: how would doing this thing potentially make Iowa’s water cleaner, or reduce greenhouse gas emissions?

Even more unusual for a prominent person in the business community, Hurd did not restrict his giving to environmental organizations I consider “politically correct,” such as the Iowa Natural Heritage Foundation or the Nature Conservancy. He supported non-profits that opposed powerful corporate interests in our state. I’m thinking not only of the Iowa Environmental Council, which pushed for water quality rules that Big Ag groups fought all the way to the Iowa Supreme Court. He was a consistent donor to 1000 Friends of Iowa (on whose board I also serve), and our sustainable land use agenda is not popular with developers.

During his retirement, Hurd helped create the local Scrabble club. When people who had played against him would talk about how competitive he was at the game, I was always amused. In other contexts, he came across as laid back and didn’t give off a competitive vibe at all–which also struck me as atypical for a major corporation’s onetime CEO.

At the CNN Democratic candidates’ town hall a few days before the Iowa caucuses, I spotted David and his wife Trudy in the audience and went over to say a quick hello. I wish I had known that was my chance to say goodbye.

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How to write an Iowa caucus party platform resolution

Many Iowans leave their precinct caucuses after the presidential selection process, but the caucuses also provide an opportunity for politically-engaged people to influence their party’s platform. If you bring a resolution to your precinct caucus, you have a good chance of getting it approved and sent to the county platform committee, which decides what will come to a vote at the county convention.

Little-known fact for those who want to exercise this option: platform resolutions should be written in a different format from other political resolutions you may have read. Follow me after the jump for details and examples of resolutions you can bring to your caucus on Monday night.

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Keystone Killer to Headline Climate Caucus

“Without Jane Kleeb, the Keystone XL pipeline might be a done deal right now.” -promoted by desmoinesdem

Keystone Killer to Headline Climate Caucus

by Ed Fallon



The movement toward climate sanity has had plenty of set-backs over the years. But the tide is turning, and our recent victory with the defeat of the Keystone Pipeline is indicative of momentum swinging our way.



No one has been more instrumental in the fight to block Keystone than Jane Kleeb, the Nebraska activist who fired-up the national effort by building a powerful coalition of rural folks not typically involved in these types of struggles.

So, as folks across Iowa find themselves battling the Bakken Pipeline (truly, Keystone’s replacement), what better person to headline the Climate Emergency Caucus on Friday, January 29th from 7:00-9:00 p.m. in the auditorium of Central Campus at 1800 Grand Avenue in Des Moines?


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Cruz finally going after Trump as Iowa polls show tight race at the top

For months, Ted Cruz deliberately did not engage with Donald Trump, positioning himself well to inherit the support of voters who might lean toward the Republican front-runner. But since Cruz emerged as the primary threat to him in Iowa, Trump has hammered the Texas senator during his media appearances and at his campaign rallies. Trump has attacked on policy grounds (“Ted was in favor of amnesty”) and repeatedly raised doubts about whether Cruz, born in Canada to a U.S. citizen, is eligible to become president.

Over the last few days, Cruz finally started hitting back at Trump during public events and media availabilities. A poll in the field this week is testing numerous anti-Trump talking points with Iowa voters, and signs point to the Cruz campaign or an aligned group commissioning that survey. I enclose below Simpson College Professor Kedron Bardwell’s notes on the message-testing poll; look for Cruz to employ some of those lines during Thursday night’s presidential debate.

The Iowa Republican caucus polling average shows a tight race between the top two contenders here, with all other candidates well behind. But a closer look at the Iowa findings, particularly the latest from Selzer & Co for the Des Moines Register and Bloomberg News, suggests that Cruz could easily exceed his topline numbers on caucus night. Meanwhile, Trump seems more likely to underperform his polling numbers, hampered by a much less competent ground game.

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Call to nominate Iowa's best sustainable development projects

Best Development Awards photo 1000FRIENDSBDA-150x150_zpsg4vgs3lg.jpg

The deadline is approaching for Iowans to nominate projects for 1000 Friends of Iowa’s Best Development Awards. Since 2005, the awards have recognized good development and planning practices by cities, companies, non-profit organizations, or local leaders.

I have long been involved with 1000 Friends of Iowa, though I have no role in selecting the award winners. The external panel of judges will look for buildings and projects that “help advance sustainability across our state by considering site placement, design, water efficiency, energy management, materials and resources used, indoor environmental quality, public use, and long-term benefits.” There’s no fee to apply for an award in any of the following categories: New Residential, Renovated Residential, New Commercial/Civic, Renovated Commercial/Civic, Mixed Use, Leadership, or Storm Water Management. Click here to download an application form to submit by December 15.

Every year I am inspired to read about the latest batch of Best Development Awards. After the jump I’ve posted summaries of the winning projects from 2014. You can find full descriptions and photos of them all here, including bullet points on “smart growth principles” that impressed the judges. Complete archives on all the Best Development Awards from the past decade are available at the 1000 Friends of Iowa website.

Bonus trivia for Iowa politics junkies: the Green Pilot Streetscape Project in West Union (Fayette County), which won the 2014 Best Development Award in the Renovated Commercial/Civic category, indirectly spawned the bogus “heated sidewalks” claim that became one of the big lies of the 2010 general election campaign.

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Iowa local election results discussion thread

What election results were you watching tonight, Bleeding Heartland readers? I was excited to see the “Core 4” progressive slate sweep the Iowa City council elections, despite a well-financed campaign for the rival group, representing Chamber of Commerce types who have long dominated local government. John Deeth described what was at stake in those races, and Tom Carsner put it succinctly in a letter to the Iowa City Press-Citizen:

The “growth at any price to grow the tax base” philosophy of the present council majority puts Iowa City at financial risk when one TIF-financed Big Bang project turns south. A series of smaller investor-financed mixed use — business and residential — projects can energize multiple neighborhoods and build a more reliable and sustainable tax base.

[…] I urge Iowa City to welcome the just, equal, affordable, inclusive and sustainable growth vision presented by John Thomas, Rockne Cole, Pauline Taylor and Jim Throgmorton. Vote for them to shake loose the scared establishment of the present City Council.

UPDATE: In his analysis of the Iowa City results, Deeth sees outgoing Mayor Matt Hayek’s “ham-handed editorial” in the Iowa City Press-Citizen on October 14 as “a turning point in the campaign.” Bleeding Heartland user corncam points to another factor that may have helped the “Core 4.”

Davenport voters resoundingly elected Frank Klipsch mayor, ousting incumbent Bill Gluba by more than a 2: 1 margin. It’s the end of a long political career for Gluba, who won his first election (to the Iowa legislature) 45 years ago. Gluba was an activist even before running for office, participating in the 1963 march on Washington for civil rights. His handling of some local controversies this year, including his role in forcing out Davenport’s city manager, prompted the Quad-City Times to endorse Klipsch, a former CEO of the local YMCA who has a “reputation for bringing diverse groups together” and a “more collaborative style.”

In my own corner of the world, I was pleasantly surprised that challengers Threase Harms and Zac Bales-Henry defeated the two Windsor Heights City Council incumbents on the ballot. CORRECTION: Only Harms won her seat outright. Bales-Henry will have to face Charlene Butz in a December 8 runoff election. Butz and Dave Burgess were frequent “no” votes on any kind of change or progress, and Butz was a particularly dedicated opponent of new sidewalks on streets where they are badly needed. Bales-Henry promised to work to “Create a more efficient and walkable neighborhood […] and ensure that each citizen can walk, run or bike to any location within city limits safely and easily,” as well as trying to improve the local trails system. Harms also expressed support for new sidewalks on key city streets. You never know what could become a hot-button issue in local politics, and the sidewalks question has been one of the most divisive issues in Windsor Heights over the past decade. UPDATE: The anti-sidewalks voters may come out in force for the December 8 runoff, but even if Butz is re-elected, there might be enough votes for change, because two of the incumbents who were not on the ballot this year (Steve Peterson and Tony Timm) have expressed support for new sidewalks in the past.

My son and I stopped at Harms’ home while trick-or-treating on Friday. When I mentioned that I’d seen lots of her yard signs around town, she responded, “Yard signs don’t vote.” Right answer! Clearly she knows how to GOTV, because she finished way ahead of the rest of the field in our at-large elections. That’s a rare accomplishment for a first-time candidate running against incumbents.

UPDATE: I was sorry to see that Cedar Rapids residents rejected a levy to fund public libraries. Todd Dorman covered the campaign for library funding over the weekend.

Voters in Des Moines re-elected Mayor Frank Cownie and the city councillors who were on the ballot. I didn’t realize that Cownie is now the longest-serving Des Moines mayor. In the most hotly-contested race, the open seat in Ward 2 on the east side of Des Moines, turnout was down and Linda Westergaard, backed by business interests including a realtors’ lobbying group, defeated Marty Mauk.

photo credit: Mark Carlson

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Weekend open thread: Iowa Wing Ding edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

More than twenty Iowa Democratic county committees put on a great “Wing Ding” in Clear Lake Friday night. The Surf Ballroom was packed to capacity, thanks to appearances by four of the five Democratic presidential hopefuls. Despite a fairly long list of speakers including candidates for U.S. House and Senate and State Senator Amanda Ragan, who was receiving an award, the Wing Ding amazingly finished ahead of schedule. I enclose below my take on all the speeches.

For those following the saga of three former Ron Paul campaign operatives, recently indicted for their role in making illegal payments to then State Senator Kent Sorenson: Russ Choma covered the prosecutors’ latest court filing for Mother Jones. Prosecutors allege the operatives “were prepared to leak documents to harm Sorenson in 2012 if they couldn’t obtain his endorsement for Ron Paul.” An attorney for Jesse Benton acknowledged that in late 2011, his client “threatened to expose Mr. Sorenson, believing that Mr. Sorenson was trying to blackmail the 2012 RP Campaign, if Mr. Sorenson did not make up his mind on whether to commit to the Ron Paul Campaign.” But the lawyer said Benton did not follow through on what he described as “a knee-jerk, emotional reaction.” Of course, there would have been no reason to carry out the threat after Sorenson agreed to take the money in exchange for switching his allegiance to Paul.

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Environmental Protection Commission fails to protect the environment

The Environmental Protection Commission voted yesterday to eviscerate a rule adopted in 2012 to reduce stormwater runoff from new construction sites. The rule previously required developers to put at least four inches of topsoil back on sites. Thanks to a lobbying campaign from home-builders, the new wording requires topsoil replacement “unless infeasible,” without defining that term. So any developer who doesn’t feel like spending money to put topsoil back can claim it would have been “infeasible” to do so. If the homeowner can’t grow anything on the impacted clay, and runoff contributes to more flash flooding in the area or downstream, too bad.

Dar Danielson reported for Radio Iowa that only two of the nine Environmental Protection Commission members voted against the rule change: Bob Sinclair and Nancy Couser. Sinclair proposed different wording, which sounded like a reasonable compromise, but other commission members did not want to adopt new wording, which would restart the lengthy public input process. The full list of EPC members is available on the Iowa Department of Natural Resources website.

One of the newest commissioners, who joined the majority yesterday in putting a few developers’ interests ahead of the environment, is former State Representative Joe Riding. Branstad named the Democrat to the EPC earlier this year. Riding’s action is disappointing but hardly surprising. He didn’t serve on committees that focused on environmental issues during his one term in the Iowa House. A former city council member in the rapidly-growing Des Moines suburb of Altoona, Riding has probably worked with lots of home-builders.

As Todd Dorman wrote earlier this year, the EPC “abandoned all sense of balance and fairness on this issue.” Expect more flooding in Iowa, more topsoil loss, and more pollution from yard chemicals making its way to our waterways.

UPDATE: Matthew Patane reported for the Des Moines Register,

Prior to voting, Couser said the rule change would mean homeowners will get “thrown under the bus” if builders don’t have to evenly distribute topsoil.

“Although it may not be the intent of the rule to protect the homeowner, the homeowner definitely, 7-to-1, is telling us that’s what they want from us. They want their soil,” she said.

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No single issue is worth risking the Iowa Senate majority

Shortly before the end of this year’s legislative session, former State Representative Ed Fallon announced “political action” to stop the proposed Bakken Oil Pipeline. He warned that if the Iowa House and Senate did not approve a bill to block the use of eminent domain for the project, he would organize and fundraise “to help defeat one or two Democratic Senators and one or two Republican Representatives” who oppose the bill.

On June 5, the Iowa House and Senate adjourned for the year without passing an eminent domain bill in either chamber. Last week Fallon confirmed that he is sticking to his goal of defeating one or two majority party members in both the House and Senate, adding that he had already raised $4,500 toward the cause.

All I can say is, count me out of that political crusade.

Come to think of it, I have a few more things to say on the subject.

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Ed Fallon arrested after sit-in at governor's office over Bakken pipeline (updated)

Former state lawmaker Ed Fallon is in police custody tonight after he refused to leave Governor Terry Branstad’s office at the close of business today. Fallon went to the governor’s office this afternoon demanding a meeting to discuss “eminent domain legislation that would help landowners along the path of the Bakken Oil Pipeline.” More details are in a press release I’ve enclosed after the jump. Branstad’s legal counsel Michael Bousselot came out to talk with Fallon, who insisted on a meeting or phone conversation with the governor himself. Brianne Pfannenstiel reported for the Des Moines Register,

When the statehouse closed at 5 p.m., Iowa State Patrol troopers approached Fallon and asked if he would be willing to leave, or be arrested for criminal trespassing. Fallon declined to leave, so he was escorted out of the building and arrested outside.

A supporter posted on Facebook this evening that Fallon has a “jail support team attending to all his needs” and “will probably be released sometime tomorrow.” When Fallon served in the Iowa House from 1995 through the 2006 session, land use issues were a focal point of his legislative efforts. During and since that time, Fallon has opposed various proposals to use eminent domain to seize farmland for use in for-profit ventures. Earlier this year, he walked from the southeast corner of Iowa to the northeast corner along the proposed pipeline route to raise awareness and mobilize landowners and others who oppose the project. The No Bakken website and Facebook page represent a coalition of some two dozen non-profit groups that oppose the project.

The eminent domain bill Fallon wants Branstad to support is Senate File 506 (previously Senate Study Bill 1276), which passed the Iowa Senate Government Oversight Committee on May 6 with support from Democratic State Senators Rob Hogg, Brian Schoenjahn, and Kevin Kinney, and Republican Jack Whitver. Branstad warned state lawmakers in January not to “get politics into this” debate over the pipeline. The governor wants to leave the decision to the Iowa Utilities Board, which is considered likely to approve the pipeline. The Sierra Club Iowa chapter plans to fight the project before every state and federal agency that would be involved.

UPDATE: Fallon was released from jail the same evening he was arrested. In a press release I’ve posted below, he says he’s due in court on May 27 and hasn’t decided “what legal route to take yet.”

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Three ways to help save an important rule for Iowa water and soil

The next few weeks will be critically important for deciding whether Iowa keeps a statewide rule designed to preserve topsoil and reduce stormwater runoff, which carries pollution to our waterways. Bleeding Heartland discussed the 4-inch topsoil rule here and here. Todd Dorman has been on the case with several good columns for the Cedar Rapids Gazette, most recently here.

Follow me after the jump for background on the issue and details on how to weigh in. Submitting a comment takes only a few minutes, or Iowans may attend public hearings in Cedar Rapids tonight, Davenport on March 25, or Des Moines on March 27 (scroll down for times and locations).

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Bakken pipeline links and discussion thread

The proposed Bakken pipeline is one of the most urgent issues facing Iowa’s environmental community. The Texas-based company Energy Transfer Partners wants to build the pipeline to transport crude oil from the Bakken oil fields in North Dakota to Illinois, crossing eighteen Iowa counties in the process. Governor Terry Branstad has made clear he won’t support any legislative action to stop the pipeline. That will leave the initial decision up to the Iowa Utilities Board, though approval by other state and federal agencies would be needed later; more details on that are below.

Two dozen non-profit groups have formed a coalition to fight the pipeline. You can keep up with their work on Facebook or at the No Bakken website. I’m active with several of the coalition members and enclosed the full list after the jump. The Sierra Club’s Iowa chapter outlined some of the key concerns concisely and explained how members of the public can submit comments.

Former state legislator Ed Fallon, who ran for governor in 2006 and for Congress in 2008, is kicking off a 400-mile walk along the proposed pipeline route today, starting from southeast Iowa and heading northwest over the next several weeks. I’ve enclosed below an excerpt from his first e-mail update about the walk, in which Fallon recounts a conversation with Lee County farmers whose land lies along the proposed pipeline route. Click here to view upcoming events, including a public meetings for residents of Lee County this evening, for Van Buren County residents in Birmingham on March 5, and for Jefferson County residents in Fairfield on March 6.

The latest Iowa poll conducted by Selzer & Co for the Des Moines Register and Bloomberg Politics found that a majority of Iowans support the Bakken pipeline, but a larger majority oppose using eminent domain to seize land for the pipeline. Excerpts from the Iowa poll findings are at the end of this post.

Any relevant comments are welcome in this thread.

P.S. – The company that wants to build the pipeline has claimed “the project would have an Iowa economic impact of $1.1 billion during two years of construction, creating enough work to keep 7,600 workers employed for a year.” Economist Dave Swenson explained here why such estimates are misleading.

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"Edible forest" coming to Iowa City

An incredible project will take shape soon in Iowa City:

A food forest is a gardening technique or land management system, which emulates a woodland ecosystem using edible trees, shrubs, and herbs. Fruit and nut trees make up the upper level, while berry shrubs, edible perennials, and annuals make up the lower levels. The Wetherby Park Edible Forest will combine aspects of native habitat rehabilitation with edible forest gardening.

Food in the Wetherby Food Forest:

Trees: apple, pear, plum, cherry, mulberry

Shrubs: hazelnut, serviceberry, aronia berry, beach plum, gooseberry, currant, honeyberry

Herbs: strawberry, oregano, thyme, lemon balm, chives, sorrel, lovage

The non-profit group Backyard Abundance is organizing a volunteer day on April 12 to prepare and mulch the future orchard site. Planting will begin in 2015. Backyard Abundance posted detailed design plans and plant lists here (pdf). Iowa City Parks and Recreation is partnering with Backyard Abundance on the edible forest, having previously worked with the group and other volunteers to establish an edible maze in the same park.

After the jump I’ve enclosed more about the new project, which aims to improve public health while using land sustainably and reducing the area’s carbon footprint.

For Iowans who would like to create similar projects in their communities, I highly recommend Darrin Nordahl’s book Public Produce. Nordahl formerly worked for the City of Davenport, where he promoted growing food in public spaces. The Cultivate Hope farm and urban agriculture education center in downtown Cedar Rapids would be a great source of advice and inspiration as well.

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Report highlights growing land access problem for Iowa farmers

Since at least 2007, roughly half of Iowa’s land in agricultural production has been rented or leased rather than farmed by its owner. Farmland values at historically high levels are making it even more difficult for Iowans to pursue a secure career in farming. Almost no one can afford a large parcel of farmland at more than $8,000 per acre (or $10,000 per acre of high-grade land). Banks are rarely willing to lend aspiring farmers the kind of money needed to buy a farm, or to buy out siblings or cousins who inherited parts of the family farm.

Some experts believe Iowa farmland values have peaked, but via Tom Philpott I came across evidence that pressure from large buyers may continue to drive up prices. The Oakland Institute analyzed the trend of Wall Street investors buying farmland in the U.S. As institutional investors pile into this market, Iowa farmland may become increasingly unaffordable.

After the jump I’ve posted a few excerpts from the Oakland Institute‘s report, but I recommend downloading the whole piece to see supporting charts and references.

The trend toward absentee landlords owning Iowa farms is one among many reasons we can’t rely on purely voluntary efforts to protect soil and water quality. Tenant farmers have no incentive to spend money on conservation practices to improve land for the long-term. Landowners (whether they be Wall Street firms or individual investors) are often looking for the highest rent this year, not farming practices that preserve soil fertility and keep excess nutrients out of waterways.  

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Highway 100 extension in Linn County named a "worst transportation project"

The plan to extend Highway 100 through the Rock Island Preserve in Linn County made the Sierra Club’s list of worst transportation projects nationwide. No Iowa projects made the group’s “best” list from the same report on Smart Choices, Less Traffic (pdf). After the jump I’ve enclosed a statement from the Sierra Club Iowa Chapter and excerpts from the full report.

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Time to nominate Iowa's "best development" projects

The non-profit organization 1000 Friends of Iowa is accepting nominations for the 2011 Best Development Awards until early August. These awards recognize projects that incorporate “smart growth” principles and sustainable practices, which are good for local economies, the environment, and quality of life. The awards cover six categories: new residential, renovated residential, new civic or commercial, renovated civic or commercial, mixed-use, and leadership.

Anyone can nominate a project for a best development award. The project should be completed, not still in the planning stage. You can download the nomination form here. After the jump I’ve posted more details on the criteria judges will consider when evaluating projects. I’m active with 1000 Friends of Iowa, but I have never been involved in selecting the Best Development Award winners.

Mixed-use projects incorporate residential and business space, either in the same building or in a walkable neighborhood. The leadership award can apply to a city as well as to a developer. For instance, the city of Dubuque won leadership awards for its Unified Development Code (2010) and for its Historic Millwork District Master Plan (2008). The city of Iowa City won the 2009 leadership award for its newly-adopted Subdivision Code.

To give you a sense of different types of projects that qualify as “best developments”, I’ve posted information below about the 2010 winning projects in Des Moines, Dubuque, Ladora, Iowa City, and Davenport. The city of Dubuque and the Lakes Community Land Trust in Spirit Lake shared last year’s leadership award.

Click here for photos and information about the 2009 Best Development Award winners: the Marshalltown Public Library (new commercial/civic), Court Avenue Lofts in Des Moines (new residential), Durrant Building in Dubuque (renovated commercial/civic), Westfield Avenue Lofts in Waterloo (renovated residential), Plaza Towers in Iowa City (mixed use), and the Historic Millwork District Master Plan in Dubuque (leadership).

Projects in Davenport, Dubuque, Sioux City, Marion, West Des Moines and Iowa City won Best Development Awards in 2008. The ISU Design West building in Sioux City is one of the best Iowa redevelopment projects I’ve ever seen.

Projects in Dubuque, Elkader, Davenport, Lake Park (near Spirit Lake) and the City of Okoboji won Best Development Awards in 2007. Projects in Conrad, Central City, Cedar Rapids, Waterloo and Des Moines won Best Development Awards in 2006.

The 2005 award-winners were Iowa City’s Peninsula neighborhood, the Van Allen building in Clinton, the America’s River Project in Dubuque and the Strand Theater in Grinnell.

On a related note, I was disturbed but not surprised to learn that the House Republican-backed 2012 appropriations bill covering the Environmental Protection Agency would eliminate funding for all of the EPA’s smart growth programs. The House has already voted on some amendments to that legislation and will likely pass the bill this week.

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Speak up on flood prevention and land use planning

Researchers who have studied Iowa’s 2008 floods have shown that certain land use practices contributed to the natural disaster. New floodplain management recommendations from a panel of experts were mostly shelved during the 2010 legislative session. However, the appropriations bill approved just before legislators adjourned in March included some provisions that could improve floodplain management. Section 17 of Senate File 2389 (text) spelled out 10 “Iowa smart planning principles,” which “State agencies, local governments, and other public entities shall consider and may apply […] during deliberation of all appropriate planning, zoning, development, and resource management decisions […].”  Section 25 established an Iowa Smart Planning Task Force to encourage and support the use of such principles. By November 15, that 33-member task force must submit policy recommendations to the governor and state legislature.

Iowans have a rare opportunity to support wise land use policies by speaking out on the task force’s draft recommendations, which cover five broad areas:

Establish a framework to coordinate planning, geographic information and data systems, and state-level investment.

Require completion of regional comprehensive smart plans within 5 years after legislation is enacted.

Create financial incentives and offer technical assistance to incent smart planning at both the regional and local levels.

Develop a watershed planning and coordination program, including goals and strategies referencing land use for each of Iowa’s nine major river basins.

Make the definition of “local comprehensive plan” uniform throughout the Iowa Code.

The task force is accepting public comments through October 10. Click here to download the full draft recommendations (pdf file). This survey at the Rebuild Iowa Office website asks whether you support, oppose or are neutral to each specific recommendation, and leaves blank space for suggesting anything that should be added or deleted from the document. Surveys can be mailed, faxed or e-mailed to Aaron Todd at the Rebuild Iowa Office. His contact information is here.

The smart planning recommendations will be discussed at five public meetings and one webinar between September 28 and October 7. I’ve posted event details for the meetings in Spencer, Red Oak, Waverly, Coralville, and Boone below. You do not need to attend a public meeting or sign on to the webinar in order to submit comments.

Increased precipitation is expected to lead to more major flooding in Iowa in the coming decades. Terry Branstad dropped the ball on flood prevention during the 1990s. Although I-JOBS has funded many valuable flood mitigation projects, those are not a substitute for more comprehensive and coordinated land use planning.

After the jump you’ll find an action alert from 1000 Friends of Iowa, containing the times and locations for the public meetings and webinar. I’ve also posted the suggestions that 1000 Friends of Iowa co-founder LaVon Griffieon has submitted to the Iowa Smart Planning Task Force.

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Branstad sticking with Doug Gross playbook

Terry Branstad made it official this morning, picking State Senator Kim Reynolds to be the Republican candidate for lieutenant governor. Reynolds is a former Clarke County treasurer and past president of the Iowa county treasurer’s association who was elected in 2008 to represent Senate district 48 in southern Iowa. The Des Moines Register’s Tom Beaumont published more background on Reynolds here. His piece depicts her as “solid on core GOP issues” and “focused on economic development.”

Looks like Branstad has picked precisely the kind of candidate his former chief of staff Doug Gross would want on the Republican ticket.

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Good advice for state legislators

I was down at the capitol today for the Iowa Environmental Council’s annual “lobby day.” I am active with several groups that had tables there.

If you’ve never attended one of these events, I highly recommend the experience. It is easy to introduce yourself to legislators and talk about your group or the policies you’re supporting.

Some organizations, such as the Iowa Policy Project, had detailed reports to hand out today. Those are quite useful, and I hope they find a receptive audience at the statehouse, but you don’t always need that much detail for a conversation with a state representative or senator.

It helps to have a concise document (a page or two) making your case for specific policies or bills. These “wish lists” are not only for legislators, but also for anyone who wants to know more about your group.

The Iowa Environmental Council’s press release sums up the key points of that organization’s message today:

February 10, 2009

Iowa Environmental Council Asks Legislators for Burn Ban, More Energy Efficiency Programs

DES MOINES – Advocates for clean water and air, clean renewable energy, and sustainable funding for natural resources filled the Statehouse rotunda today to offer lawmakers suggestions for protecting Iowa’s precious natural resources in lean economic times.

Marian Riggs Gelb, executive director for the Iowa Environmental Council, encouraged legislators to act quickly to support policy options to reduce greenhouse gas emissions, as outlined in a recent report by the Iowa Climate Change Advisory Council. Gelb, who served on the Iowa Climate Change Advisory Council, stressed that the energy efficiency project options provide significant cost savings to energy consumers and expand upon the programs already provided by utilities. Another option Gelb pointed to in the report was land use planning that incorporates sustainable community design and reduces vehicle miles traveled and expanded passenger rail and transit choices.

Gelb also called for legislators to request a new comprehensive state water plan and accurate, up-to-date floodplain maps from the Department of Natural Resources.

“We need a better understanding of the hydrology of our state. The last time the state made a comprehensive assessment of its water resources was 1978,” said Gelb.

Amy Broadmoore, the Council’s air quality program director, said the Council supports proposed legislation that would enact a statewide ban on burning within city limits.

“Asthma, bronchitis and heart attacks are all linked to high levels of fine particulate matter concentrations. These concentrations, in much of Eastern Iowa, are near to or exceeding the Clean Air Act’s standards. A burn ban would help protect Iowans, especially young children and the elderly,” said Broadmoore.

Other speakers included Representative Paul Bell, from Newton, and Senator David Johnson, from Ocheyedan. Like Gelb, they called for legislators to pass the measure currently eligible for debate by the Iowa House and Senate, which would allow Iowans to vote, in 2010, on a constitutionally protected trust fund for programs to protect and enhance Iowa’s natural areas, farmland and sources of drinking water. Gelb noted that Iowa ranks near the bottom in spending for protection of its natural resources.

Iowa Environmental Council member organizations and partners represented at the Statehouse today included 1000 Friends of Iowa; American Institute of Architects-Iowa Chapter; Center for Energy and Environmental Education; Iowa Conservation Education Coalition; Iowa Farmers Union; Iowa Global Warming; Iowa Natural Heritage Foundation; Iowa Policy Project; Iowa Renewable Energy Association; Iowa Rivers Revival; Raccoon River Watershed Association; Trees Forever; University Hygienic Lab; Women, Food and Agriculture Network.

###End###

This is a great “wish list” because it advocates for both specific policies that would improve air and water quality as well as broader recommendations of the Iowa Climate Change Advisory Council.

If you want to receive updates and action alerts from the Iowa Environmental Council during the legislative session, click here to sign up for their I-CALL list.

Please share your experiences lobbying state, local or federal officials in this thread.

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