Legal Question in Constitutional Law in Iowa

Home built in 1967. Accepted standard was to hook foundatiion tile to sanitary sewer line. The city inspector had to approve before we moved into the home and he did. Now the city is requiring all homeowners to allow screening, water pumped into yard near the sewer line leaving the house site and watching for colored water flowing into the sewer. If colored water is seen the home owner must fix the problem. Is this not an expostfacto issue?


Asked on 10/08/09, 11:39 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

I think what you'll find is that ex post facto only applies to criminal law and it prohibits being punished more severely after you've been convicted. I don't see a municipal code change as being ex post facto-not to mention there is the police power to regulate for the general health, welfare, safety and morals that permits a broad range of measures.

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Answered on 10/08/09, 5:00 pm


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