Legal Opinions
Authored By: JAMES E. GRAHAM
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Letter to Paul R. Doster,2/8/2011RE: Summary of our Conference and Transmittal of Recommended
Wesley, Iowa City AttorneyForm of Notice for Mailing and Publication for Iowa Code Section GLO PN 20111 6B.2A Public Hearing for the Flood Control Project in Wesley, Iowa.
Letter to Paul R. Doster,2/4/2011RE: Your Telephone Call and Question Yesterday Concerning
Wesley, Iowa City AttorneyAcquisition Procedures to Acquire Property Rights Needed for a
GLO PN 20111Flood Control Project with Federal Funding.
Legal Opinion to Mark Lee for9/28/2010RE: Documentary Title to Parcel You Identify or Claimed to be Warren County Owned by Father & Son Enterprises.
Legal Opinion to Mark Lee for9/22/2010RE: Your Request for a Legal Opinion to Identify the County’s Warren County Rights and Responsibilities Concerning the Union Pacific Railroad’s GLO PN 20108 Request the County Agree to Removal of a Grade Separation
Structure over the Railroad Right of Way and Relocation of 245th
Ave.
Legal Opinion to Mark Fincel8/13/2010RE: Does a Section 6B.1A Procedure provided Negotiated
For Washington CountyPurchase Release the County of Any Responsibility to Acknowledge
and Provide the Rights and Privileges Under Chapter 6B Procedure
Under Eminent Domain?
Legal Opinion to Brian Moore,8/16/2010RE: Authority to Design and Acquire Replacement Wetlands if
Wapello CountyNecessary Through a Condemnation Proceeding on a County Road
Improvement Project Owned by Randy J. and Penny J. Reed.
GLO PN 20106
Legal Opinion to Mark Fincel7/23/2010RE: Legal Review of Option Document to Purchase Real Property
For Washington Countyfor a USDA-Funded Project.
Legal Opinion to Warren6/15/2010RE: Landowner’s Obligation to Obtain Consent and Approval of
CountyUtility Lessee as a Condition to Transferring Bridge Replacement
Highway Easement to County. Original utility lease documents
reviewed to determine the nature and extent of utility’s interest and
what the County needed to do to validate the owner’s right to grant
the easement. Transfer documents for owner and tenant enclosed.
Legal Opinion to Warren4/13/2010Letter to Mark Lee, County Engineer, Your Request for a Legal County Opinion for Past Erosion Caused by Flooding of the Middle River on GLO PN 20103 Lands South of the Spring Hill Bridge on County Road R-57.
Researched the history of the downstream flow of the river from
1950 - 2010 to validate the use of legal principles giving the County
immunity from an owner’s claim of damage.
Legal Opinion to Wapello4/5/2010Letter to Brian Moore, County Engineer, Your Request to Respond
Countyto Attorney Seigel’s Opinion the County is Responsible to
GLO PN 20102 Maintain Ackley’s Birchwood First Subdivision Roads Despite My
July 1, 1997, Legal Opinion to Wendell W. Folkerts on This Subject
Legal Opinion to Des6/8/09Letter to Brian Carter, County Engineer, Your Request for an
CountyExplanation of Des Moines County’s Legal Options for the Repair
GLO PN 20091 of Flood Damage to Tama Road Roadway, a Portion of Which is
Located in the City of Burlington
Graham Law Office PC
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Legal Opinion to City of10/26/07Letter to David Heier, Economic Development Director.
Of DubuqueApplication of Eminent Domain procedures to voluntary
GLO PN 4044negotiation to purchase 3 residences adjacent to a planned
Industrial park site owned by the City.
Legal Opinion to City of9/20/07Letter to Hawkeye Land acknowledgement of their RR-Agent
CarlisleRelationship and asking them to propose a reasonable fee.
GLO PN 4037
Legal Opinion to City of9/15/07To Neil Ruddy, City Administrator, recommended response
Carlisleto Hawkeye Land’s claim as the agent of the Union Pacific
GLO PN 4037RR – with correspondence.
Legal Opinion for City of9/11/07Letter to David Harris, Housing and Community Development
DubuqueDirector, determined eligibility for relocation assistance
GLO PN 4040payments and benefits to Estate of Deceased Relocatee, his
GLAA PN 192resident daughter and son who moved in after the initiation
of negotiation.
Legal Opinion to City of9/06/07Letter to Neil Ruddy, City Administrator. Recommendation
Carlislehow to cure the engineer’s blanket easement transfer
GLO PN 4037documents by locating the sewer of record in the easement
GLAA PN 2264recording process or by affidavit.
Legal Opinion to City of8/27/07Letter to Hawkeye Land Company. Notice of Title Opinion
CarlisleWith correspondence.
GLO PN 4037
Legal Opinion to City of8/20/07Letter to Neil Ruddy, City Administrator, Title Opinion
Carlisleon ownership of RR – Right of way.
GLO PN 4037
Legal Opinion to City of8/20/07Memo to Neil Ruddy, City Administrator, informing the City
City of Carlislecan construct the NW Sewer Line in City streets and County GLO PN 4037 roads without compensation to adjacent landowners.
Administrative Legal Advice8/10/07Memo to James S. Olson, advice on how to proceed to acquire
To GLAA Staffa second RR crossing permit for the NW Sanitary Sewer 2005
CarlisleCarlisle – Avon Lake project.
GLAA PN 2264
Legal Opinion to City of8/10/07Letter to Neil Ruddy, City Administrator, recommended response
Carlisleto USDA’s determination to two owners with new private septic
GLO PN 4037systems may be required to hook to new City system without
Compensation is inappropriate use of police power.
Administrative Legal Opinion 6/22/07 Memo by James E. Graham to Brandon Hubbs advising
For Acquilla Mona IAhow to acquire utility easement across operating RR ROW
Project Brandon HubbsEasement when adjacent landowner’s title does not include
GLAA PN 2281underlying fee title to the center line of the RR ROW.
Administrative Legal Advice6/14/07Memo to Carrol D. McCracken review of Offer Form,
City of ZearingPurchase Agreement, and Warranty Deed to purchase an
GLAA PN 2287expansion of a sewage lagoon site.
Administrative Legal Advice6/14/07Memo to Carrol D. McCracken determined 2006 revisions
City of ZearingTo Iowa Eminent Domain laws do not require the City to
GLAA PN 2287Hold a public hearing for the City’s sanitary sewer project.
Title Opinion5/31/07Letter to Roger D. Schletzbaum, County Engineer notes
Marion Countyoutstanding mineral interest and makes recommendations to
GLO PN 4038obtain fee title.
Administrative Legal Opinion5/10/07Reviewed and revised forms of transfer documents and
Howard R. Green Companyadvised there was a need to design and build the project to
City of Amesreduce long-term loss of access by residents of Tall Timber
GLAA PN 2248Investments, LLC’s multi-family facility.
Administrative Legal Advice5/3/07Letter recommending use of proposed Railroad Right of
To City of Davenport CityWay Acquisition Agreement Form, special focus on fencing
Attorneyresponsibilities for railroads.
GLAA PN 2257
Administrative Legal5/2/07E-mail to Brian E. Heyer, Assistant City Attorney
Advice to City ofproviding proposed cover letter to DOT ROW Director
Davenportrequesting approval of appraisal format and determination
GLAA PN 2257If jurisdictional exception standards apply to City’s eminent
Domain Railroad Spin Line ROW Acquisition Project.
Legal Opinion4/23/07Memo by James E. Graham to Michael C. Adams, GLAA
City of AnkenyROW Agent, explaining legal requirement that a permanent
GLAA PN 2229interest must be acquired for all land being used or occupied
by the city for street drainage or as extensive fore slope
purposes with suggested ROW design standard.
Analysis of Mandatory3/27/07Memorandum by James E. Graham to All GLAA Right of Way
Nonbinding Mediation Policy Agents RE: Good Faith Negotiations, an Evaluation of the Role
of a Mandatory Non-Binding Mediation Policy to Determine Just
Compensation – Right of Way Magazine Article March/April
2007.Also included is a copy ofthe Right of Way Magazine
"Maintaining a Rational and Uniform Land Acquisition Policy" from
Volume 7 –Uniform Acquisition Standards of GLAA's Land
Acquisition Design Courses.
Legal Descriptions for3/21/07Letter by James E. Graham to Clayton Lloyd, Director of
RR ROWCommunity and Economic Development of Davenport. Applies
GLAA PN 2257requirements of Section 6A.20 Description of land furnished of
the Iowa Code to the acquisition of railroad spur line right of way
which requires reference points to be tied into the existing
abstract description so that the area or size of permanent
easements and temporary easements and remainders can be
calculated.
Communication With2/23/07Memo by James E. Graham to GLAA's Officers recommending
Landowner Attorneya policy for communication with landowners who are
represented by an attorney in the negotiations phase of the
acquisition of right of way.
Title to Streets & Alleys2/15/07Letter by James E. Graham to Brian J. Carter, Des Moines
Des Moines CountyCounty Engineer, dated 2/15/07 Re: Holding That Streets and
GLO PN 4033Alleys in the Unincorporated Town of Kossuth are Easements
and How a County Road Vacation Can be Used to Eliminate
the County's Interest in Them.Also included is some related
correspondence and documentation.
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Boundary Location2/14/07Letter by James E. Graham to Norman Miller, Survey Manager,
Responsibilities of LandIowa DOT Office of Design, dated 2/15/07 Re: Your Request
Surveyorsfor Comments on Senate File 134 to Strike Reference to
Chapter 650 Disputed Corners and Boundaries from Surveyors
Code Section 355.4 Boundary Location explained why the cross
reference was included in 1990 and why it should remain. Also
included is some related correspondence and documentation.
Acquire Secondary Rds.2/07/07Memo by James E. Graham to Jay Walton, dated 2/07/07
Maintenance Bldg.RE: authority to acquire secondary roads maintenance
GLAA PN 2223building site by condemnation proceedings in Marion County.
GLO PN 4034Also included is some related documentation.
CRP Area Loss Penalty2/07/07Memo by James E. Graham to James T. Hayes, Brandon E.
re ED AppraisalHubbs, and Ryan K. Gurwell, dated 2/07/07 RE: impact of
GLAA PN 2223CRP area loss penalty waiver in defining both the before
and after eminent domain parcel for eminent domain appraisal
assignment.Also included are some related emails.
Acquire Property thru10/24/06Memo by James E. Graham to Michael C. Adams dated
Eminent Domain Power10/24/06 RE: city of Nevada city hall side - Minsky's Pizza
PN 2225Lounge - City has authority to acquire site for city hall through
an exercise of the City's eminent domain power". Also included
is some related documentation.
Providing IRS 1099-S9/08/06Memo by James E. Graham to Dave Hingtgen, Jim Wills,
Filing Servicesand Jay Walton dated 9/08/06 RE: providing IRS 1099-S filing
GLAA PN 2183services is the acquiring authority's responsibility not included as
a closing service unless specified in GLAA Service Agreement.
Also included is some related documentation.
Offer to Buy - Required6/21/06Memo by James E. Graham to David L. Haugland, City
Eminent Domain LawAdministrator for the City of Nevada, Iowa, dated 6/21/06
GLAA PN 2225RE: changes to offer to buy & acquisition of Main Street Bar and
Grill to reflect required eminent domain law. Section 427.2 for
collection of real estate taxes applies to Section 6A.1 Voluntary
settlements. Also included is some related documentation and
correspondence.
Title to Land for Water9/09/05Memo by James E. Graham to Carrol McCracken, dated
Storage Reservoir9/09/05 RE: Lewis and Clark's power to acquire a fee simple
GLAA PN 1982title to land needed for water storage reservoir
Keokuk Junction Railway8/31/05Memo by James E. Graham to All Right of Way Agents.
OpinionProvides and explains the need for a revised standard form of
county highway easement to avoid owners' claims that utility HW
occupancy permits are invalid because of Keokuk Junction
Railway Co. v. IES Industries, Inc. 618 NW2d.352 (Iowa 2000)
and avoid claims v. GLAA for failure to warn the county of the
issue.
Iowa Traction Railroad8/23/05Title Examination and Opinion by James E. Graham to David K.
GLO PN 4031Johnson, the President of the Iowa Traction Railroad, dated
8/23/05. Also included is some related documentation.
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Monroe County7/1/05Legal Opinion by James E. Graham to John S. Goode, P.E.,
GLO PN 4030Monroe County Engineer, dated 7/1/05 RE: status of streets in
Unincorporated Town of Avery Roads. Discusses ownership
maintenance, vacation, area service classification, zoning
enforcement, and rural subdivision replatting issues.
Grundy Center, City of4/29/05Legal Opinion Letter by James E. Graham to James L.
GLO PN 4028Copeman, Public Works Director of the City of Grundy Center,
dated 4/29/05 RE: street access to Grundy Center – 1st Street.
Fee owners signing of agreement to obtain access to 1st Street
is in effect a dedication of whatever ownership interest he had in
the street so when future development takes place the street will
become part of the city's street system. Also included is a copy
of “A Resolution Authorizing the Mayor to Sign an Agreement
with the owner, Grundy County Agricultural Society”.
Temporary Displacement7/28/04Letter by James E. Graham to David Harris, Housing and
Dubuque University AvenueCommunity Development Director for the City of Dubuque,
Projectdated 7/28/04 RE: temporary displacement of Mary Jo Brooks
GLAA PN 1740required by City University Avenue Extension Project.
STPU2100(623)-70-31. Temporary displacement is an
acquisition of a property right, and out-of-pocket expenses are
eligible relocation assistance payments under Federal Code of
Regulations. Also included is some related correspondence and
documentation.
Dubuque HW-20 Proj. 5/10/04Letter by James E. Graham to Ron Otto dated 5/10/04 RE:
GLAA PN 174028E.12 Intergovernmental Agreement to use State powers to
obtain possession of owner occupied residence in 180 days on
a joint State/City HW project in Dubuque; including a 10/3/03
letter by James E. Graham to Barry A. Lindahl.
Acquisition of City5/7/04Legal Opinion by James E. Graham to Barry A. Lindahl, the
Street ROWCorporate Counsel for Dubuque, Iowa, dated 5/7/04 RE: Legal
GLO PN 4023Title Standards for the Acquisition of City Street Right of Way
GLAA PN 1740of Way for University Avenue U.S. HW 20 University Avenue
Improvement Project requires street to be acquired in fee.
Possession and Just4/26/04Joint Legal Opinion by James E. Graham and Barry A. Lindahl,
Comp. Processes &Corporate Counsel for Dubuque, Iowa, dated 4/26/04 RE:
Relocation Assistancethe City’s power and the process necessary to obtain
GLO PN 4022possession of land and the process to determine just
GLAA PN 1740compensation and relocation assistance entitlements asking for
an explanation why the DOT will not assist the city through a
Chapter 28E Agreement.
Crop Damage3/08/04Memo by James E. Graham to Steve Nichols, GLAA ROW
GLAA PN 1982Agent, dated 3/08/04 RE: Crop Damage. Alternative
Procedures to Calculate Crop Damages. Also included is some
related correspondence.
Revisions to Eminent2/26/04Letter by James E. Graham to State Senator Bob Brunkhorst
Domain Lawdated 2/26/04 re Proposed Revision to Iowa’s Eminent Domain
GLO PN (No #)Laws. Includes Section 314.9 Entering private property, 6B.14
appraisement reference to moving and related costs and new
section to assist in the disposition of condemnation awards.
Also included is related correspondence.
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Meeting Uniform Act2/19/04Letter by James E. Graham to Jay Cook, who is with Dorsey &
Procedural DisclosureWhitney, LLP, and Terry Pellman, who is with Lewis & Clark
RequirementsRural Water, dated 2/19/04 re Recommended Changes to
GLAA PN 1982Landowner Information to Meet Uniform Act Procedural
Disclosure Requirements. Also included is a list of
"Recommended Revisions to Lewis & Clark's Policies".
RR – Acquiring Railroad1/12/04Letter (with attachments) by James E. Graham to David
Excess LandHaugland, the City Administrator for Nevada, Iowa, dated
GLO PN 40241/12/04 RE: Acquisition Procedures to Acquire Land Owned by
a Railroad Not Part of the Railroad Facility Located in SE1/4 of
SW1/4 of Section 1, T83 R23 South East of Railroad Right of
Way Exclusive of Lincoln Highway in Story County, Iowa. No
State or Federal jurisdiction over RR excess land.
Manson Lagoon10/31/03Letter by James E. Graham to James C. Hudson, an attorney in
GLO PN 4019Pocahontas, Iowa, dated 10/31/03 re Manson Lagoon System
GLAA PN 1917System ROW Design Sewer Line Ownership Determination in
Former Railroad ROW; including a 7/18/03 letter by James E.
Graham to James E. Hudson, the Manson City Attorney.
Local Public Agency10/23/03Letter by James E. Graham to Ronald W. Otto dated 10/23/03 re
ManualRecommendations to Revise DOT ROW Office’s Local Public
GLAA PN 1969Agency Manual, June 2002, including a 10/24/03 letter from
James E. Graham to RonaldW. Otto. Also including “The
Basics of Land Acquisition and Disposal” which was presented
at the Iowa League of Cities Annual Conference on 9/25/03;
also including a 4/3/03 memo by James E. Graham to Ron Otto;
and also including a 10/3/03 letter (with enclosures) by James E.
Graham to Barry A. Lindahl.
St. Anthony Sewage10/23/03Letter by James E. Graham to Susan Griffel, an Executive
Acquisition andOfficer with the Iowa Real Estate Appraisal Examining Board,
Appraisal Proceduresdated 10/23/03 re an explanation of acquisition and appraisal
procedures for a sewer project in response to Iowa Appraisal
Board’s 10/1/03 letter to James T. Hayes, Jr. concerning
Marshall County’s St. Anthony Sewage Lagoon Project’s GLAA
Appraisal of July 15, 2002, as Transmitted to Duane Rozendaal
July 26, 2002. Also including a 2/12/03 letter to Central Iowa
Rural Water Association (CIRWA) No Eminent Domain Power to
Condemn Sewer ROW for the City of St. Anthony.
State Powers to10/3/03Letter by James E. Graham to Barry A. Lindahl, the Dubuque
Obtain PossessionCity Attorney, dated 10/3/03 RE: 28E Intergovernmental
GLAA PN 1733Agreement to Use State Powers to Obtain Possession of Owner
Occupied Residence on Joint State/City Highway Improvement
Project for Hwy 20 in Dubuque; including an article from
Graham’s Land Acquisition Design Course, Vol. I Economic
Development “II Government Powers May Be Pooled and Jointly
Exercised” with attachments.
Iowa DOT Relocation9/4/03A copy of the Table of Contents for the “Relocation Assistance
Assistance Policy OpinionPolicy Opinion”; and a memo by James E. Graham to Ronald
W. Otto dated 9/4/03 RE: Recommendation to Establish ROW
Director’s Administrative Oversight and Attorney General’s
Legal Review Procedures for Iowa DOT Relocation Assistance
Staff Payment Eligibility and Amount Determinations Questioned
By Local Public Agencies. Also included is related
Correspondence and documentation.
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Permanent Easement by4/16/03Letter by James E. Graham to Randall M. Krauel, the City
PrescriptionEngineer for Carroll, Iowa, dated 4/16/03 RE: Recommendation
GLAA PN 1859to Accept Temporary Easement to Construct Sewer from Kelly
and Belinda Caldwell.
Federal Source for Appraisal4/3/03Memo by James E. Graham to Ron Otto dated 4/3/03 RE:
Manual Review Apraiser’sPartnering Meeting Review Appraiser’s Duties.
Duties
Iowa DOT3/28/03A copy of the Table of Contents for the “Iowa DOT Appraisal
Appraisal ManualManual Opinion, GLAA PN 1508”; and a letter by James E.
GLAA PN 1508 Graham to Ronald W. Otto dated 3/28/03 re Appraisal Manual
Personal Property Legal Question, including James E. Graham’s
letter to Ronald W. Otto dated 3/25/03. Also included is related
correspondence and documentation.
Iowa DOT3/25/03A letter by James E. Graham to Ronald W. Otto dated 3/25/03
Compensation forRE: Appraisal Manual Instructional Legal Appendix:
Personal PropertyCompensation for Personal Property Which is Damaged or
Destroyed or Reduced in Value and the Cost of Moving Personal
Property From Land to be Acquired With Attached Relocation
Assistance Plan Defining Supplemental Housing Payment
Eligibility. Also included is some related documentation. This
opinion is also filed under APPRAISAL AND APPRAISAL
REVIEW.
Iowa DOT3/25/03Letter by James E. Graham to Ronald W. Otto dated 3/25/03
Appraisal ManualRE: Revised Appraisal Manual Legal Appendix. Also included
Legal Appendixis a draft of the Appraisal Manual Instructional Legal Appendix.