Iowa Utilities Board,

Sometimes, the greater good trumps individual’s rights.  Case in point, when in my house, two kids want to see the movie downtown and one doesn’t, the protesting party is drug along to the theater with promises of popcorn to smooth over hard feelings for having to participate in an activity they don’t want to, because the rest of the clan does in fact want to see whatever is on the big screen. Eminent domain is kind of the same thing, if the government wants to use your land for the public good (i.e go to the movies) and you can’t agree to let them take it or agree on how much the land is worth (i.e not go to the movies), then a compensation system in set up to determine what size of popcorn you get.. er I mean…how much money you will receive for your property.
First, if you voluntary agree to let some government authority take control of your property or some private person do the same, you are avoiding eminent domain, not participating in it.  In this piece, read government to include whatever private company (like a utility) is trying to use the eminent domain power.

Interestingly enough, if you voluntarily give up the easement, you should ensure that in the event of non use or abandonment, you get the property back. That is the way it works if the government takes it from you, but if you voluntarily give it up, you may not have this protection unless you work it into your agreement. If the agency is offering you 130% of whatever value is derived from the appraisal they order in addition to paying a portion of your fees, it is doing so to meet a “good faith” requirement that is required to be met before it can forcibly take your land.

Iowa Code Chapter 478 outlines how we play and share well with society in eminent domain situations.  First, you need to remember that private property can be taken for the public use if it has a demonstrated public purpose and you are paid “just compensation”.