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REX REALTY CO. v. CITY OF CEDAR RAPIDS

No. 02-1395.

322 F.3d 526 (2003)

REX REALTY CO., Appellant, v. CITY OF CEDAR RAPIDS, Appellee, State of Iowa, Intervenor Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: March 7, 2003.

Attorney(s) appearing for the Case

Paul P. Morf, argued, Cedar Rapids, Iowa, for appellant.

Mohammad H. Sheronick, argued, Cedar Rapids, Iowa, for appellee.

Before HANSEN, Chief Judge, BYE, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

Rex Realty Co. ("Rex") appeals the district court's1 order finding that the notice provisions of Iowa Procedure Under Eminent Domain, Iowa Code Chapter 6B (1999), satisfy constitutional due process requirements. Rex alleges that the statute is unconstitutional because it did not require the City of Cedar Rapids ("City") to provide pre-deprivation notice and an opportunity to be heard on whether a taking was for a...

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