Race v. Iowa Electric Light and Power Company

—■ Plaintiffs are landowners. Defendant, Power Company, has obtained a franchise from the Iowa State Commerce Commission, and condemned certain of plaintiffs’ lands for an electric transmission line. From the award of the sheriff’s jury plaintiffs appealed to the district court.

Division II of plaintiffs’ petition alleges in substance chapter 489, Code of Iowa, 1958, under which the commission pur ported to act, is unconstitutional, there was no' showing or finding of a public necessity for the taking of plaintiffs’ land, and in fact the taking of plaintiffs’ land was not necessary, that…