# Land Use



Weekend thread: 2017 elections edition

Many posts about Iowa’s 2018 campaigns for state and federal offices are in progress, but for this weekend, I want to focus on elections happening in 2017. The weather looks almost perfect for the last few days of GOTV in Jefferson, Davis, and Van Buren counties, where voters will choose a successor to State Representative Curt Hanson this Tuesday. The House district 82 special election may not foreshadow what happens in next year’s legislative races, but the outcome could shape the media narrative about whether Democrats or Republicans have momentum in small-town and rural Iowa, which in turn could influence people thinking about running for the state House or Senate in 2018. If you’ve been knocking on doors or phone banking in House district 82, please share your stories in the comments.

August 3 was the filing deadline for the September 12 school board elections across Iowa. In future years, school board and local elections will be held on the same day of November in odd-numbered years. Proponents say the shift will increase turnout. John Deeth isn’t a fan of the change.

Candidates for city council or mayor will need to submit nominating papers between August 28 and September 21 in most Iowa towns, which don’t hold primaries before the November local election. (The filing period for local candidates runs from August 14 to 31 in cities that sometimes hold primary as well as general elections for local offices; this document explains more.)

Anyone thinking about running for school board or city office should read Lauren Whitehead’s advice on waging a successful local campaign.

Iowa’s most closely-watched city elections include the Cedar Rapids mayoral race, where Monica Vernon is one of several well-known local figures hoping to succeed Ron Corbett, who is seeking the Republican nomination for governor. (Former State Representative Tyler Olson considered that race but decided against it.)

Four candidates have announced in Des Moines City Council Ward 3, where longtime incumbent Christine Hensley opted to retire: Josh Mandelbaum, Michael Kiernan, Chris Draper, and Abshir Omar. Mandelbaum has the most backing from local political leaders and organized labor. CORRECTION: Draper recently dropped out of the city council race.

Quite a few central Iowa incumbents don’t yet have challengers, as far as I know, including the mayors of West Des Moines and Urbandale.

I expect an intense city council campaign in Windsor Heights, where some residents are outraged that sidewalks are finally being installed on three streets near two elementary schools. You probably don’t understand why hundreds of people in this small suburb fiercely oppose making the neighborhood more walkable. I can’t explain it either, even after living through several of these battles during the past fifteen years. Most residents of the Des Moines metro area find sidewalks convenient but otherwise unremarkable. For whatever reason, multiple city council races in Windsor Heights have turned into a referendum on the sidewalks question. Even though the city is paying the full cost of the installations this summer, I expect a strong backlash from the anti-sidewalk contingent in November.

When Iowa Republicans destroyed all meaningful collective bargaining rights for public employees earlier this year, they also enacted major union-busting provisions, such as frequent re-certification elections for public-sector labor unions, under rules making it difficult and costly for a union to remain certified. Those elections will begin in September Brianne Pfannenstiel reported this week in the Des Moines Register. Excerpts from that story are after the jump.

This is an open thread: all topics welcome.

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Keeping all our options open: A vision for a "new century farm" in Johnson County

Thanks to Kurt Friese for this perspective on a controversy that brings together concerns over land use, local foods, and affordable housing. Fellow Johnson County Supervisor Rod Sullivan explained his vote on the proposal here. -promoted by desmoinesdem

It what might be called the most contentious vote of my time so far on the Board of Supervisors, on June 23 we chose one of three potential concepts for “phase 2” of the planning for the historic Johnson County Poor Farm. The concept, titled “New Century Farm,” is the most ambitious of the three, and is the only one of the three that keeps all our options open.

What it does not do is sell off public land to private developers, nor “pave the poor farm,” nor create urban sprawl. But I’m getting ahead of myself. First, a little background.

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One last chance to save the Leopold Center for Sustainable Agriculture

Republicans in the Iowa House and Senate approved the death warrant for the Leopold Center for Sustainable Agriculture at Iowa State University only a week after news of the planned ambush became public. Three weeks later, Governor Terry Branstad still has not signed the agriculture budget bill, which eliminates both major funding sources for the world-renowned center.

Under Iowa law, the governor can item-veto provisions in appropriations bills. Branstad told reporters on May 5, “We have heard from a lot of people that are concerned about the Leopold Center […] And that is one of the items that we’ll be giving close scrutiny to.”

Those who want to save the center can send a message through the governor’s website or call Branstad’s office at (515) 281-5211–the sooner the better. After the jump I’ve posted a few talking points that may be helpful.

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John Norris: Why he may run for governor and what he would bring to the table

With the exhausting battles of the 2017 legislative session behind us, Iowa Democrats can turn their attention to the most pressing task ahead. Next year’s gubernatorial election will likely determine whether Republicans retain unchecked power to impose their will on Iowans, or whether some balance returns to the statehouse.

A record number of Democrats may run for governor in 2018. Today Bleeding Heartland begins a series of in-depth looks at the possible contenders.

John Norris moved back to Iowa with his wife Jackie Norris and their three sons last year, after nearly six years in Washington and two in Rome, Italy. He has been touching base with potential supporters for several weeks and expects to decide sometime in May whether to become a candidate for governor. His “concern about the direction the state’s going” is not in question. Rather, Norris is gauging the response he gets from activists and community leaders he has known for many years, and whether he can raise the resources “to make this a go.”

In a lengthy interview earlier this month, Norris discussed the changes he sees in Iowa, the issues he’s most passionate about, and why he has “something significantly different to offer” from others in the field, who largely agree on public policy. The native of Red Oak in Montgomery County (which happens to be Senator Joni Ernst’s home town too) also shared his perspective on why Democrats have lost ground among Iowa’s rural and small-town voters, and what they can do to reverse that trend.

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If Todd Prichard runs for governor, his stump speech will sound like this

State Representative Todd Prichard spoke to a packed room at last night’s Northwest Des Moines Democrats meeting. Now in his third term representing Floyd and Chickasaw counties in the Iowa House, Prichard is ranking member on the Agriculture Committee and also serves on Natural Resources, Veterans, and Ways and Means, as well as on an Appropriations subcommittee. Pat Rynard recently profiled the army veteran and former prosecutor who may run for governor in 2018.

I’ve transcribed most of Prichard’s remarks from the Des Moines gathering below and uploaded the audio file, for those who want to listen. He speaks directly and fluidly without coming across as rehearsed or too polished, a common problem for politicians.

At one point, Prichard commented that Republicans didn’t spend a million dollars trying to defeat him last year, as the GOP and conservative groups did against several Iowa Senate Democratic incumbents. Republicans tested some negative messages against him with a telephone poll in August, but apparently didn’t sense fertile ground. Prichard’s opponent Stacie Stokes received little help from her party, compared to some other GOP candidates for Iowa House seats, including a challenger in a nearby district.

Based on the speech I heard on Tuesday, I would guess that if Prichard runs for governor, Republicans may regret not spending a million dollars against him in 2016.

One more point before I get to the transcript: Prichard is living proof that retiring lawmakers should not be allowed to hand-pick their own successors. When State Representative Brian Quirk resigned to take another job soon after winning re-election in 2012, he wanted his former high school football coach Tom Sauser to take his place. As a Bleeding Heartland reader who’s active in Floyd County described here, Prichard decided to run for the House seat shortly before the special nominating convention and barely won the nomination.

Prichard had a chance to start his political career because several days elapsed between his learning about Quirk’s preferred successor and the House district 52 nominating convention. Too often, Iowa Democratic legislators announce plans to retire only a day or two before candidates must submit papers to the Secretary of State’s Office. If Quirk had retired right before the March 2012 filing deadline, as three House Democrats did last year, his friend with the inside track would have been the only Democrat able to replace him. Nothing against retired teachers, but Sauser was not a potential future leader of the party, as Prichard is becoming.

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Low-profile bill threatens environmental and cultural compliance on road projects

An Iowan who cares about historic preservation is raising awareness about an obscure and harmful bill, which would also drive down wages on some road projects. -promoted by desmoinesdem

I came across a post on Facebook today, initiated by an email from the Iowa Archeological Society. We need to pay attention to this! Here’s the post in its entirety:

Dear IAS Membership,

The IAS has recently learned about a proposed Iowa bill that, in our interpretation, will negatively impact historic preservation in Iowa in relation to transportation projects. And we need your help!

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Throwback Thursday: When Terry Branstad first tried to elevate Kim Reynolds, 18 years ago

Terry Branstad passed over some better-known and better-connected Republicans when he picked State Senator Kim Reynolds to be his running mate in 2010. During that campaign, Branstad said he was looking for a lieutenant governor who could take his place. He made clear on many subsequent occasions that he was “grooming” Reynolds. The plan will come to fruition after Branstad is confirmed as U.S. ambassador to China.

Few Iowans outside Clarke County had heard of Reynolds in June 2010, but Branstad had taken an interest in her political career long before then. If his original plan had worked out, Reynolds would have been elected to the Iowa Senate for the first time on this day in 1999.

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The 16 Bleeding Heartland posts that were most fun to write in 2016

Freedom to chase any story that captures my attention is the best part of running this website. A strong sense of purpose carries me through the most time-consuming projects. But not all work that seems worthwhile is fun. Classic example: I didn’t enjoy communicating with the white nationalist leader who bankrolled racist robocalls to promote Donald Trump shortly before the Iowa caucuses.

Continuing a tradition I started last year, here are the Bleeding Heartland posts from 2016 that have a special place in my heart. Not all of them addressed important Iowa political news, but all were a joy to write.

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Are you tired of these motherfrackers? A first-person account from Standing Rock

Chris Laursen, an activist for many progressive causes and a Bernie Sanders delegate to the Democratic National Convention, shares his story from Standing Rock. -promoted by desmoinesdem

Are you tired of these motherfrackers? I am!

I have just recently returned home from my second trip to Standing Rock. And now, after some decompression and much needed sleep I feel as though I need to pen some of my thoughts and experiences. Here it goes.

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Branstad urged Army Corps to give last green light for Bakken pipeline

Governor Terry Branstad denied in September that he’s a friend to Big Oil interests seeking to build the Dakota Access (Bakken) pipeline across four states, including Iowa.

But in a move his office did not announce last week, Branstad joined North Dakota Governor Jack Dalrymple and South Dakota Governor Dennis Daugaard to urge the U.S. Army Corps of Engineers not to delay approval of the final federal easement needed to complete the pipeline.

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Will wonders never cease: Windsor Heights moves toward more sidewalks

Fulfilling the hopes of residents who have been working toward this goal for many years, the Windsor Heights City Council voted 4-1 last night to approve a new sidewalks ordinance with a view to installing sidewalks soon on more city streets.

To the surprise of many who don’t live here, sidewalks have aroused passionate opposition in Windsor Heights, becoming a key issue in multiple local elections.

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Eliminating Two Supervisors A Mistake

Much has been made about the number of elected supervisors on Linn County’s Board, with some arguing for a reduction from five members to three. While the current board has wisely put this question on November’s ballot, there are still some who are undecided about the best way forward. While I have taken a position on this issue, it is my ultimate hope that voters will take from my explanation a clearer picture of the consequences of reducing elected representation on the board.

If we reduce the Board from five members to three, rural communities will lose elected representation, good governance will be compromised, and cost-savings will be minimal. In fact, costs could rise over time if the pared-down Board hires staff to make up for the shortage.

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Weekend open thread: 9/11 memories

Fifteen years later, images of the burning and collapsing World Trade Center towers are fresh in the minds of just about everyone old enough to remember 9/11. All topics are welcome in this thread, including any reflections on that horrific day.

Many people casually refer to “3,000 Americans” killed on 9/11, but hundreds of the victims were from other countries. Last year, the Brilliant Maps website posted a map created by reddit user thepenaltytick, showing all countries that lost at least one citizen. Most of the globe is covered.

The United Kingdom lost 67 citizens (some tourists, others working in the U.S.), making 9/11 the deadliest terror attack in that country’s history.

I was living in London fifteen years ago. Having watched the BBC’s uneventful news over lunch, I turned off the tv to get back to work on my dissertation. Around 2:00 pm, which would have been 9:00 am in New York, someone called and told me to turn the tv back on. I was glued to the BBC for the rest of the day and night. Watching the people trapped on the roof of the World Trade Center, I couldn’t understand why none of the helicopters could get close enough to rescue them before the towers collapsed. I could not believe a plane was able to crash into the Pentagon.

In Britain, as in the U.S., there was a tremendous public outpouring of grief after the attacks. British people are normally reserved with strangers, but many approached me after hearing my American accent in a shop or a train station, just to say how very sorry they were about what had happened in my country. UPDATE: Added below photos a reader sent, showing piles of flowers and gifts and notes left outside the U.S. embassy in London in September 2001.

I didn’t lose any friends on 9/11, and only one of my acquaintances lost a loved one that day; his father was on one of the planes that hit the towers. Even without experiencing a personal bereavement, I felt enraged, especially when reading newspaper profiles of the victims. During the Jewish high holidays in late September 2001, the last thing I felt like doing was reflecting on the past and forgiving wrongs from the past year. At that time, I heard a BBC radio segment featuring the UK’s Chief Rabbi, David Sacks. He reminded listeners that the Bible (he meant the Hebrew Scriptures or “Old Testament”) tells us once to love our neighbors, but tells us approximately 30 times to love the stranger. That’s because it is easier to love our neighbor, who is probably a lot like ourselves, than it is to love a stranger. It’s the only quote I remember from what must have been dozens of radio commentaries by Sacks I heard during my years abroad.

This week, Green Party presidential candidate Jill Stein called for a new investigation of the 9/11 events. Stein is headlining a rally at the state capitol in Des Moines today from 3 pm to 5:30. To any readers who attend: feel free to write about the speakers or crowd atmosphere in a comment or a guest post for Bleeding Heartland later. MSNBC’s Alex Seitz-Wald analyzed Stein’s campaign strategy a few weeks ago, arguing she “seems unsure how to speak to anyone this side of Noam Chomsky” and has “misread” the Bernie Sanders playbook while attempting to appeal to Sanders supporters.

Big news on Friday: in a move without precedent, the Obama administration ordered that construction of the Dakota Access (Bakken) pipeline “will not go forward at this time” on Army Corps land bordering or under a North Dakota lake on Standing Rock Sioux tribal land. Gavin Aronsen wrote up the story for Iowa Informer. The federal action will not affect Bakken pipeline construction in Iowa. Though the project will probably be completed in all four states eventually, James MacPherson reported for the Associated Press that the government’s intervention “may forever change the way all energy infrastructure projects [affecting tribal land] are reviewed in the future.”

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Throwback Thursday: Ed Fallon reflects on endorsing Ralph Nader for president

Before #BernieOrBust or any other hashtag existed to convey some activists’ feelings about the Democratic Party’s establishment candidate, there was Ralph Nader’s 2000 presidential campaign.

Iowa’s best-known politician to endorse Nader rather than Al Gore was State Representative Ed Fallon. The Des Moines Democrat had found himself at odds with the rest of his Iowa House colleagues before. Some of his politically inexpedient decisions have aged well, most famously his heartfelt speech before voting against our state’s Defense of Marriage Act in 1996.

Supporting Nader caused more intense fallout.

Though Fallon no longer considers himself a Democrat and has devoted most of his energy lately to environmental activism, he still endorses some Democratic candidates, including Bernie Sanders before this year’s Iowa caucuses.

Fallon spoke with Bleeding Heartland recently about his decision to back Nader, how that choice affected his subsequent bids for public office, and his advice for activists drawn to Green Party presidential candidate Jill Stein instead of Democratic nominee Hillary Clinton.

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Bakken pipeline received final federal permit; land use lawsuit pending

The U.S. Army Corps of Engineers has granted the Texas-based Dakota Access company a federal permit to build the Bakken pipeline across Iowa.

Although opponents plan various forms of direct action, the best remaining chance for stopping the pipeline is a lawsuit challenging the Iowa Utilities Board’s authority to use eminent domain for a project with no legitimate public purpose.

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Iowa DNR allows Bakken pipeline to run under Indian burial site

The Iowa Department of Natural Resources amended a permit to allow Dakota Access to run the Bakken pipeline under a sensitive area in the Big Sioux River Wildlife Management Area, William Petroski reported for the Des Moines Register on June 20. The amendment means Dakota Access is no longer subject to the stop-work order the DNR imposed last month. DNR spokesperson Kevin Baskins told Petroski the company will run the pipeline “about 85 feet underground” to avoid disrupting sacred ground, which may include American Indian burial sites.

State Archaeologist John Doershuk said in an email last week to DNR Director Chuck Gipp that the proposed directional boring construction method is a satisfactory avoidance procedure from an archaeological standpoint that he supports in this case. However, Doershuk emphasized he could not speak for American Indian tribes that have expressed concerns about the pipeline project.

Energy Transfer Partners, the parent company of Dakota Access, maintains that a 2004 archeological review of the site in question did not turn up any areas of cultural significance. Gavin Aronsen posted that document and comments from a company spokeswoman at Iowa Informer.

Now that the DNR has lifted the stop-work order and the Iowa Utilities Board has changed its stance to allow pipeline construction before Dakota Access has all federal permits in hand, only two legal obstacles stand in the way of completing the project across eighteen Iowa counties. The U.S. Army Corps of Engineers has yet to issue permits covering a small portion of the Iowa route–though I would be shocked to see the federal government stand in the way once construction has begun. A series of landowner lawsuits are challenging the use of eminent domain for the Bakken pipeline, saying a 2006 Iowa law does not allow farmland to be condemned for a private project by a company that is not a utility.

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Heidi Heitkamp cancels what might have been an awkward Iowa appearance

U.S. Senator Heidi Heitkamp of North Dakota was supposed to be the keynote speaker at tonight’s Iowa Democratic Party Hall of Fame event in Des Moines. However, the party announced last night the senator would be unable to attend “due to a scheduling conflict.” At this writing, the Iowa Democratic Party has not responded to my request for further details on the cancellation.

Heitkamp’s planned Iowa debut could hardly have come at a more awkward time. Among the least progressive Senate Democrats on a number of issues, Heitkamp was noticeably absent this week as some 40 senators took part in a filibuster led by Senator Chris Murphy of Connecticut to force a vote on gun control measures. In 2013, she was one of just four Senate Democrats “who sided with the vast majority of Republicans to shoot down a bipartisan proposal to strengthen and expand background checks for gun purchases.” At the time, she said she opposed the bill drafted after the Sandy Hook mass shooting because “the focus should be on mental health issues, full and accurate reporting into the NICS database and ensuring that we are prosecuting criminals in possession of or trying to possess firearms. This conversation should be about what is in people’s minds, not about what is in their hands.”

In numerous social media postings this week, Iowa Democratic activists have criticized Heitkamp’s history of being a reliable vote for the National Rifle Association.

Even before last weekend’s massacre at the Pulse gay club in Orlando drew attention to the availability of assault weapons designed for use in military combat, I was expecting protests outside the hall and some heckling during Heitkamp’s speech, because of her ties to the fossil fuel industry. Opponents of the proposed Dakota Access (Bakken) pipeline have objected to giving Heitkamp such a prominent role in what is usually the Iowa Democratic Party’s second-largest event of the year. I enclose below a letter to the Des Moines Register by Wally Taylor of the Sierra Club.

Recent high school graduate Ryan McDaniel of Marshalltown will replace Heitkamp on tonight’s program, Jason Noble reported for the Des Moines Register. McDaniel won one of the Eychaner Foundation‘s fourteen Matthew Shepard scholarships this year. I’m excited to hear him speak.

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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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