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The original item was published from 12/12/2017 8:49:00 AM to 12/14/2017 1:37:43 PM.

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City of Newton - Community Development

Posted on: December 14, 2017

[ARCHIVED] Dangerous & Dilapidated Program

Dangerous & Dilapidated Program

Staff continues to work on D&D properties. Properties that are currently in the 657A process and their statuses are as follows:

  • 312 East 6th Street South: Application requesting default judgement filed with the court on 12/5/2017.
  • 509 West 2nd Street North: The property owner has responded to the petition and denies the property is abandoned. A trial scheduling conference is set for 12/12/2017.
  • 702 East 4th Street North: 657A process continues to move forward. An estimation for when the process would be complete cannot be made at this time due to some federal government involvement in the property as well.
  • 521 South 4th Avenue West: Title/Lien search is underway to locate any/all parties that have an interest in the property. Upon completion, a petition to the court can be filed and notice given to parties with an interest in the property.
  • 303 West 5th Street South: The checklist for determining abandonment has been prepared. Upon resolution of in-process cases, a petition will be filed with the court.

In addition to the 657A properties, staff continues to work towards demolition of 319 & 321 East 8th Street South, 523 West 4th Street South, and 525 West 4th Street South.  Asbestos testing has been completed and the reports received on December 1st. Plans will now be developed for demolition, with the buildings coming down in late winter or early spring.

Finally, the Iowa Supreme Court ruled (December 1, 2017) on the case of City of Eagle Grove, Iowa v. Cahalan Investments, LLC and further confirmed or supported the use of 657A.10A. In the case, the lower court (District Court for Wright County) denied the City’s petition and found that it would be an unconstitutional taking. The City appealed that ruling. The Iowa Supreme Court “reversed and remanded” the lower court’s ruling.

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