Bill Text: IA HF2045 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to certain governmental notices relating to eminent domain authority and urban renewal plans and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-20 - Introduced, referred to State Government. H.J. 100. [HF2045 Detail]
Download: Iowa-2021-HF2045-Introduced.html
House
File
2045
-
Introduced
HOUSE
FILE
2045
BY
FISHER
A
BILL
FOR
An
Act
relating
to
certain
governmental
notices
relating
1
to
eminent
domain
authority
and
urban
renewal
plans
and
2
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
6B.2A,
subsection
1,
unnumbered
1
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
2
An
acquiring
agency
shall
provide
written
notice
of
a
public
3
hearing
to
each
owner
and
any
contract
purchaser
of
record
4
of
agricultural
land
real
property
that
may
be
the
subject
5
of
condemnation.
The
authority
under
this
chapter
is
not
6
conferred
and
condemnation
proceedings
shall
not
begin
unless
7
a
good
faith
effort
is
made
to
mail
and
publish
the
notice
8
as
provided
in
this
section
on
the
owner
and
any
contract
9
purchaser
of
record
of
the
property
subject
to
condemnation.
10
The
notice
shall
be
mailed
by
ordinary
mail,
not
less
than
11
thirty
days
before
the
date
the
hearing
is
held,
to
the
owner
12
and
any
contract
purchaser
of
record
of
each
property
or
13
property
interest
at
the
owner’s
and
contract
purchaser’s
last
14
known
address
as
shown
in
the
records
of
the
county
auditor
not
15
less
than
seven
days
nor
more
than
fourteen
days
prior
to
the
16
date
of
mailing.
A
change
in
ownership
of
any
such
property
17
which
is
not
reflected
in
the
records
of
the
county
auditor
18
during
the
period
those
records
are
searched
as
above
provided
19
shall
not
affect
the
validity
of
the
notice
or
any
condemnation
20
proceeding
commenced
on
the
basis
of
such
notice.
The
notice
21
shall
be
given
and
the
public
hearing
held
before
adoption
of
22
the
ordinance,
resolution,
motion,
or
other
declaration
of
23
intent
to
fund
the
final
site-specific
design
for
the
public
24
improvement,
to
make
the
final
selection
of
the
route
or
site
25
location
for
the
public
improvement,
or
to
acquire
or
condemn,
26
if
necessary,
all
or
a
portion
of
the
property
or
an
interest
27
in
the
property
for
the
public
improvement.
If
the
location
28
of
the
public
improvement
is
changed
or
expanded
after
the
29
decision
has
been
made
to
proceed
with
the
public
improvement,
30
a
notice
shall
be
mailed
by
ordinary
mail
no
less
than
thirty
31
days
before
the
adoption
of
the
ordinance,
resolution,
motion,
32
or
other
declaration
of
intent
to
proceed
with
a
change
in
33
the
location
of
the
public
improvement
to
the
owner
and
any
34
contract
purchaser
of
record
of
the
land
real
property
to
be
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acquired
or
condemned,
if
necessary,
in
the
new
location
of
the
1
public
improvement
affected
by
the
change.
The
mailed
notice
2
shall,
at
a
minimum,
include
the
following
information:
3
Sec.
2.
Section
6B.2A,
subsection
2,
unnumbered
paragraph
4
1,
Code
2022,
is
amended
to
read
as
follows:
5
The
acquiring
agency
shall
cause
a
notice
to
be
published
6
once
in
a
newspaper
of
general
circulation
in
the
county
or
7
city
where
the
agricultural
land
real
property
is
located.
8
The
notice
shall
be
published
at
least
four
but
no
more
than
9
twenty
days
before
the
public
hearing
is
held
as
referred
to
10
in
subsection
1
.
The
published
notice
shall,
at
a
minimum,
11
include
the
following
information:
12
Sec.
3.
Section
403.5,
subsection
3,
Code
2022,
is
amended
13
to
read
as
follows:
14
3.
The
local
governing
body
shall
hold
a
public
hearing
15
on
an
urban
renewal
plan
after
public
notice
thereof
by
16
publication
in
a
newspaper
having
a
general
circulation
in
17
the
area
of
operation
of
the
municipality.
The
notice
shall
18
describe
the
time,
date,
place
and
purpose
of
the
hearing,
19
shall
generally
identify
the
urban
renewal
area
covered
by
the
20
plan,
and
shall
outline
the
general
scope
of
the
urban
renewal
21
activities
under
consideration.
A
copy
of
the
notice
shall
be
22
sent
by
ordinary
mail
to
each
affected
taxing
entity
and
to
23
each
owner
or
contract
purchaser
of
record
of
real
property
24
within
the
urban
renewal
area
covered
by
the
plan
.
25
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
26
importance,
takes
effect
upon
enactment.
27
Sec.
5.
APPLICABILITY.
The
following
apply
to
notices
28
required
under
section
6B.2A
on
or
after
the
effective
date
of
29
this
Act:
30
1.
The
section
of
this
Act
amending
section
6B.2A,
31
subsection
1,
unnumbered
paragraph
1.
32
2.
The
section
of
this
Act
amending
section
6B.2A,
33
subsection
2,
unnumbered
paragraph
1.
34
Sec.
6.
APPLICABILITY.
The
following
applies
to
notices
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required
under
section
403.5
on
or
after
the
effective
date
of
1
this
Act:
2
The
section
of
this
Act
amending
section
403.5,
subsection
3
3.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
certain
governmental
notices
relating
8
to
eminent
domain
authority
and
urban
renewal
plans.
9
The
bill
extends
the
current
mail
notice
and
publication
10
notice
requirements
for
condemnation
of
agricultural
land
to
11
condemnation
of
all
real
property
under
Code
section
6B.2A.
12
Code
section
403.5,
in
part,
governs
the
approval
of
a
13
municipality’s
urban
renewal
plan.
The
municipality
is
14
required
to
hold
a
public
hearing
on
an
urban
renewal
plan
15
after
public
notice
of
the
public
hearing
by
publication
in
a
16
newspaper
having
a
general
circulation
in
the
area
of
operation
17
of
the
municipality.
The
notice
is
also
required
to
be
sent
18
by
ordinary
mail
to
each
affected
taxing
entity.
The
bill
19
requires
a
mailed
notice
to
also
be
sent
to
each
owner
or
20
contract
purchaser
of
record
of
real
property
within
the
urban
21
renewal
area
covered
by
the
plan.
22
The
bill
takes
effect
upon
enactment
and
includes
23
applicability
provisions.
24
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