Supreme Court of Iowa

Linda K. Juckette v. Iowa Utilities Board and MidAmerican Energy Company and Office of Consumer Advocate

June 16, 2023

Summary

The Iowa Supreme Court affirmed the district court’s order granting MidAmerican Energy a franchise to build transmission lines, holding that the utility satisfied the statutory public‑use requirement and that Iowa Code §306.46(1) authorizes construction in a public road right‑of‑way. The Court was evenly divided on whether the construction constitutes a taking, so the lower court’s decision was affirmed by operation of law.