Woodbury County Soil Conservation Dist. v. Ortner, 61866

Decision Date30 May 1979
Docket NumberNo. 61866,61866
Citation279 N.W.2d 276
PartiesWOODBURY COUNTY SOIL CONSERVATION DISTRICT, Appellant, v. Arnold J. ORTNER, Mary Ann Ortner, Leo O. Schrank, and Helen E. Schrank, Appellees.
CourtIowa Supreme Court

Thomas J. Miller, Atty. Gen., and Michael Paul Valde, Asst. Atty. Gen., for appellant.

Edward P. Cole, Atlantic, and Jonathan E. Cole, Providence, R.I., for appellees.

Considered en banc.

LeGRAND, Justice.

This appeal involves a dispute concerning the obligation of landowners to comply with the provisions of ch. 467A, The Code, 1975, commonly referred to as the Soil Conservation Districts Law. The trial court found § 467A.44 of the act, and the section fixing the rules and regulations under which the soil conservation district operates, unconstitutional. We reverse the trial court and remand the case for further proceedings.

The defendants Ortner and Schrank each own farm land in Woodbury County. In 1974, an adjacent landowner, John C. Matt, filed a complaint with the soil conservation district alleging that his farm was suffering damage from water and soil erosion from defendants' land. This complaint was settled by private agreement among the parties, and no formal action was taken by the district.

The following year Matt filed another complaint, alleging similar damage. An investigation made under § 467A.47 resulted in a finding that the soil loss on the Ortner and Schrank farms was in excess of the established statutory limits. The district issued an administrative order finding defendants in violation of the district soil erosion control regulations and requiring them to remedy the situation within six months.

The order offered defendants two alternatives to bring the soil within acceptable limits. They were directed to either seed the land to permanent pasture or hay or to terrace it. Defendants failed to do either within the time allowed by the commission's order and the district brought this action as authorized by § 467A.49, The Code.

Even with state grants which were available through the Department of Soil Conservation to defray part of the cost, terracing would cost the Ortners more than $12,000.00 and the Schranks approximately $1,500.00. There was also testimony that this process would render a number of acres of each farm untillable. The other alternative pasture or hay seeding would be less expensive but would also remove some of each farm from active production. The defendants introduced evidence that either alternative would decrease the value of their land, although there was considerable evidence to the contrary.

The trial court held that § 467A.44, The Code, 1975, is unconstitutional. The court hold that this section places an unreasonable burden on the defendants and that it is unduly oppressive. The trial court concluded that the section in question (§ 467A.44) therefore "deprives (defendants) of rights granted by the Fifth and Fourteenth Amendments of the Constitution of the United States and comparable provisions of the state of Iowa."

The two specific issues raised on this appeal are: Did the trial court err in holding § 467A.44 unconstitutional and did the trial court err in finding that the acceptable soil loss limit on the property is ten tons per acre per year? The second of these may be disregarded because the parties admit there is no support in the record for the trial court's finding that the acceptable soil loss is ten tons per acre per year. Actually the testimony shows without dispute that the acceptable loss limit is five tons per acre per year. The Ortners and Schranks concede as much and we give this no further consideration. The only question before us, therefore, is the constitutional one involving both federal and state constitutional provisions.

In considering the constitutionality of legislative enactments, we accord them every presumption of validity and find them unconstitutional only upon a showing that they clearly infringe on constitutional rights and only if every reasonable basis for support is negated. Bryan v. City of Des Moines, 261 N.W.2d 685, 687-88 (Iowa 1978); Chicago Title Insurance Co. v. Huff, 256 N.W.2d 17, 25 (Iowa 1977); John R. Grubb, Inc. v. Iowa Housing Finance, 255 N.W.2d 89, 92-93 (Iowa 1977).

Important to our decision here is a determination as to whether the restrictions and conditions imposed by ch. 467A, The Code, amount to a taking of property under eminent domain or simply a regulation under the police power of the state. The latter entitles the property owner to no compensation; the former requires that he be paid for the appropriation of his property for public use.

We recognized this distinction in Hinrichs v. Iowa State Highway Commission, 260 Iowa 1115, 1126, 152 N.W.2d 248, 255 (1967) as follows:

"Eminent domain" is the taking of private property for a public use for which compensation must be given. On the other hand "Police Power" controls and regulates the use of property for the public good for which no compensation need be made.

Even the exercise of police power, however, may amount to a taking if it deprives a property owner of the substantial use and enjoyment of his property. See Phelps v. Board of Supervisors, 211 N.W.2d 274, 276 (Iowa 1973). The point at which police power regulation becomes so oppressive that it results in a taking is impossible of general definition and must be determined on the circumstances of each case. Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 124, 98 S.Ct. 2646, 2659, 57 L.Ed.2d 631, 648 (1978); Iowa Natural Resources Council v. Van Zee, 261 Iowa 1287, 1294, 158 N.W.2d 111, 116 (1968); Benschoter v. Hakes, 232 Iowa 1354, 1361, 8 N.W.2d 481, 485-86 (1943). See also 16 Am.Jur.2d, Constitutional Law, § 290 (1964).

In Van Zee and Hakes we stated that the test is whether the "collective benefits (to the public) outweigh the specific restraints imposed (on the individual)." Factors of particular importance include the "economic impact of the regulation on the claimant and, particularly, the extent to which the regulation has interfered with distinct investment backed expectations." To be considered also is the "character of the governmental action." See Penn Central, 437 U.S. at 124, 98 S.Ct. at 2659, 57 L.Ed.2d at 648. It is important therefore to consider the nature of the public interest involved and the impact of the restrictions placed on defendants' use of their land by ch. 467A, The Code.

It should take no extended discussion to demonstrate that agriculture is important to the welfare and prosperity of this state. It has been judicially recognized as our leading industry. See Benschoter v. Hakes, 232 Iowa at 1360, 8 N.W.2d at 486.

The state has a vital interest in protecting its soil as the greatest of its natural resources, and it has a right to do so. Iowa Natural Resources Council v. Van Zee, 261 Iowa at 1297, 158 N.W.2d at 118. This is the purpose of ch. 467A as is apparent from this declaration of purpose contained in §...

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23 cases
  • Kasparek v. Johnson County Bd. of Health
    • United States
    • Iowa Supreme Court
    • February 20, 1980
    ...to a taking if it deprives a property owner of the substantial use and enjoyment of his property." Woodbury County Soil Conservation District v. Ortner, 279 N.W.2d 276, 278 (Iowa 1979). This case thus concerns the permissible area of police power. Before the Board's regulation may be impose......
  • Moser v. Thorp Sales Corp.
    • United States
    • Iowa Supreme Court
    • November 25, 1981
    ...of the Clayton County Soil Conservation District was five tons per acre per year. See generally Woodbury County Soil Conservation District v. Ortner, 279 N.W.2d 276, 277 (Iowa 1979); § 467A.42(1), The Code; Comment, Regulatory Authority to Mandate Soil Conservation in Iowa After Ortner, 65 ......
  • Kelley v. Story County Sheriff
    • United States
    • Iowa Supreme Court
    • June 1, 2000
    ...Hinrichs v. Iowa State Highway Comm'n, 260 Iowa 1115, 1126, 152 N.W.2d 248, 255 (1967)); see also Woodbury County Soil Conservation Dist. v. Ortner, 279 N.W.2d 276, 278 (Iowa 1979). With respect to the exercise of police power for the public health and welfare, we have While the police powe......
  • Kempf v. City of Iowa City
    • United States
    • Iowa Supreme Court
    • March 18, 1987
    ...taking is impossible of general definition and must be determined on the circumstances of each case." Woodbury County Soil Conservation District v. Ortner, 279 N.W.2d 276, 278 (Iowa 1979). In the final analysis, "the power to zone is not unlimited. It must be reasonably exercised, in furthe......
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