Osborn v. City of Cedar Rapids

HARRIS, Justice.

The city brought three successive eminent domain proceedings to acquire plaintiffs’ real property located in a residential area of Cedar Rapids. All were dismissed and the city thereafter condemned only two easements across the property. This mandamus action thereafter was brought on a theory that the property had in effect been “taken” and the city should be compelled to follow through with its earlier plans to acquire the land and pay compensation. The trial court held there had been no taking of the land and refused to issue the writ. On our de novo review we conclude there…