Iowa Supreme Court rules for Clear Lake landowners in CWD case

CLEAR LAKE — The Iowa Supreme Court has ruled in favor of the Clear Lake landowners who fought a quarantine after chronic wasting disease was found their hunting preserve.

A captive whitetail deer taken at the Pine Ridge Hunting Lodge tested positive for C-W-D in 2012. Tom and Rhonda Brakke own the lodge and the deer came from their breeding farm in Clear Lake. All the animals were destroyed and the facility was disinfected. The D-N-R issued an emergency order that required them quarantine the land for five-years, saying wild deer could still be infected by getting onto the land. The Brakkes appealed the emergency order saying the D-N-R did not have the authority to do so and it was unconstitutional taking of their land.

The Iowa Supreme Court upheld the district court ruling — saying the law gives the D-N-R only the authority to quarantine the deer — not the land. And it ruled the quarantine was not an unconstitutional taking of the Brakke’s land.

 

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