Bill Text: IA HF219 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the procedures and requirements for condemnation of property and for disposition of certain condemned property and including effective date and applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-22 - Withdrawn. H.J. 913. [HF219 Detail]

Download: Iowa-2015-HF219-Introduced.html

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House File 219 - Introduced




                                 HOUSE FILE       
                                 BY  WATTS

                                      A BILL FOR

  1 An Act relating to the procedures and requirements for
  2    condemnation of property and for disposition of certain
  3    condemned property and including effective date and
  4    applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 6B.2C, Code 2015, is amended to read as
  1  2 follows:
  1  3    6B.2C  Approval of the public improvement.
  1  4    The authority to condemn is not conferred, and the
  1  5 condemnation proceedings shall not commence, unless the
  1  6 governing body for the acquiring agency approves the final
  1  7 route or site location and design of the proposed public
  1  8 improvement, approves the use of condemnation, and finds that
  1  9  there is a reasonable expectation the applicant will be able
  1 10 to achieve its public purpose, comply with all applicable
  1 11 standards, and obtain the necessary permits.
  1 12    Sec. 2.  Section 6B.56, subsection 1, Code 2015, is amended
  1 13 to read as follows:
  1 14    1.  If all or a portion of real property condemned pursuant
  1 15 to this chapter is not used for the purpose stated in the
  1 16 application filed pursuant to section 6B.3 and the acquiring
  1 17 agency seeks to dispose of the unused real property, the
  1 18 acquiring agency shall first offer the property for sale to
  1 19 the prior owner of the condemned property as provided in
  1 20 this section. If real property condemned pursuant to this
  1 21 chapter is used for the purpose stated in the application filed
  1 22 pursuant to section 6B.3 and the acquiring agency seeks to
  1 23 dispose of the real property by sale to a private person or
  1 24 entity within five years after acquisition of the property, the
  1 25 acquiring agency shall first offer the property for sale to
  1 26 the prior owner of the condemned property as provided in this
  1 27 section. For purposes of this section, the prior owner of the
  1 28 real property includes the successor in interest of the real
  1 29 property.
  1 30    Sec. 3.  Section 6B.56A, subsection 1, Code 2015, is amended
  1 31 to read as follows:
  1 32    1.  When five years have elapsed since property was condemned
  1 33 and all or a portion of the property has not been used for the
  1 34 purpose stated in the application filed pursuant to section
  1 35 6B.3, and the acquiring agency has not taken action to dispose
  2  1 of the unused property pursuant to section 6B.56, the acquiring
  2  2 agency shall, within sixty days, adopt a resolution reaffirming
  2  3 the purpose for which the property will be used or offering the
  2  4 property for sale to the prior owner at a price as provided in
  2  5 section 6B.56. If the resolution adopted approves an offer of
  2  6 sale to the prior owner, the offer shall be made in writing
  2  7 and mailed by certified mail to the prior owner. The prior
  2  8 owner has one hundred eighty days after the offer is mailed to
  2  9 purchase the property from the acquiring agency.
  2 10    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 11 immediate importance, takes effect upon enactment.
  2 12    Sec. 5.  APPLICABILITY.  The section of this Act amending
  2 13 section 6B.2C applies to public improvement projects for which
  2 14 an application under section 6B.3 is filed on or after the
  2 15 effective date of this Act.
  2 16    Sec. 6.  APPLICABILITY.  The sections of this Act amending
  2 17 sections 6B.56 and 6B.56A apply to public improvement projects
  2 18 for which an application under section 6B.3 is filed before,
  2 19 on, or after the effective date of this Act.
  2 20                           EXPLANATION
  2 21 The inclusion of this explanation does not constitute agreement with
  2 22 the explanation's substance by the members of the general assembly.
  2 23    This bill relates to procedures and requirements for
  2 24 condemning property and for disposing of certain condemned
  2 25 property.
  2 26    The bill amends Code section 6B.2C by specifying that the
  2 27 authority to condemn property is not conferred on an acquiring
  2 28 agency unless the governing body for the acquiring agency first
  2 29 approves the final route or site location and design of the
  2 30 proposed public improvement.
  2 31    The bill also amends Code sections 6B.56 and 6B.56A
  2 32 relating to the disposition of condemned property by an
  2 33 acquiring agency.  The bill specifies that the requirements
  2 34 and procedures for property that has not been used for the
  2 35 purpose stated in the condemnation application, including the
  3  1 requirement for first offering such property for sale to the
  3  2 prior owner, also apply to any portion of the property that has
  3  3 not been used for the purpose stated in the application.
  3  4    The bill takes effect upon enactment. The section of the
  3  5 bill amending Code section 6B.2C applies to public improvement
  3  6 projects for which an application for condemnation is filed on
  3  7 or after the effective date of the bill.
  3  8    The sections of the bill amending Code sections 6B.56
  3  9 and 6B.56A apply to public improvement projects for which an
  3 10 application is filed before, on, or after the effective date
  3 11 of the bill.
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