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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