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 court affirmed the Iowa Utilities Board's approval of MidAmerican's transmission-line franchise. It held that substantial evidence supported the finding that the project was necessary to serve a public use and that Iowa Code section 306.46 authorizes utilities to construct facilities within a public road right-of-way. The court did not resolve whether that construction would constitute a compensable taking because the just-compensation issue produced an evenly divided court, requiring affirmance by operation of law.