Bill Text: IA SF100 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the creation of land banks.(See SF 590.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-04-01 - Committee report approving bill, renumbered as SF 590. S.J. 736. [SF100 Detail]
Download: Iowa-2021-SF100-Introduced.html
Senate
File
100
-
Introduced
SENATE
FILE
100
BY
LOFGREN
and
DAWSON
A
BILL
FOR
An
Act
relating
to
the
creation
of
land
banks.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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DIVISION
I
1
LAND
BANKS
2
Section
1.
NEW
SECTION
.
358A.1
Short
title.
3
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
4
Land
Bank
Act”
.
5
Sec.
2.
NEW
SECTION
.
358A.2
Legislative
intent.
6
The
general
assembly
finds
and
declares
all
of
the
7
following:
8
1.
Iowa’s
communities
are
important
to
the
social
and
9
economic
vitality
of
this
state.
Whether
urban,
suburban,
10
or
rural,
many
communities
are
struggling
with
dilapidated,
11
abandoned,
blighted,
and
tax-delinquent
properties.
12
2.
Citizens
of
Iowa
are
affected
adversely
by
dilapidated,
13
abandoned,
blighted,
and
tax-delinquent
properties,
14
including
properties
that
have
been
abandoned
due
to
mortgage
15
foreclosure.
16
3.
Dilapidated,
abandoned,
blighted,
and
tax-delinquent
17
properties
impose
significant
costs
on
neighborhoods
and
18
communities
by
lowering
property
values,
increasing
fire
19
and
police
protection
costs,
decreasing
tax
revenues,
and
20
undermining
community
cohesion.
21
4.
There
is
an
overwhelming
public
need
to
confront
the
22
problems
caused
by
dilapidated,
abandoned,
blighted,
and
23
tax-delinquent
properties;
to
return
properties
that
are
in
24
non-revenue-generating,
non-tax-producing
status
to
productive
25
status
in
order
to
revitalize
urban,
suburban,
and
rural
26
areas,
provide
affordable
housing,
and
attract
new
industry;
27
and
to
create
jobs
for
the
citizens
of
this
state
through
the
28
establishment
of
new
tools
that
enable
communities
to
turn
29
abandoned
spaces
into
vibrant
places.
30
5.
Land
banks
are
one
of
the
tools
that
communities
can
use
31
to
facilitate
the
return
of
dilapidated,
abandoned,
blighted,
32
and
tax-delinquent
properties
to
productive
use.
33
Sec.
3.
NEW
SECTION
.
358A.3
Definitions.
34
As
used
in
this
chapter,
unless
the
context
otherwise
35
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requires:
1
1.
“Abandoned”
means
a
parcel
containing
a
building
has
2
remained
vacant
for
a
period
of
at
least
twelve
consecutive
3
months
and
is
in
need
of
rehabilitation.
4
2.
“Blighted”
means
a
parcel
containing
a
building
is
unsafe
5
with
objectively
determinable
signs
of
deterioration
sufficient
6
to
constitute
a
threat
to
human
health,
safety,
and
welfare.
7
3.
“Board”
means
the
board
of
directors
of
a
land
bank.
8
4.
“Dilapidated”
means
a
parcel
containing
a
building
is
in
9
a
state
of
deterioration
as
a
result
of
age
or
neglect.
10
5.
“Geographical
boundaries
of
the
land
bank”
means
the
11
jurisdiction
of
the
municipality
that
created
the
land
bank
12
or
in
the
case
of
any
combination
of
municipalities
creating
13
a
single
land
bank
or
joining
an
existing
land
bank,
the
14
combined
jurisdictions
of
the
municipalities.
In
the
case
of
a
15
land
bank
created
by
a
county,
such
land
bank’s
jurisdiction
16
includes
only
the
area
of
the
county
not
included
within
an
17
incorporated
city.
18
6.
“Land
bank”
means
an
entity
created
under
section
358A.4.
19
7.
“Local
employee”
means
a
person
employed
by
a
20
municipality
of
this
state
and
does
not
include
an
independent
21
contractor.
22
8.
“Local
official”
means
an
officeholder
of
a
municipality
23
of
this
state.
24
9.
“Municipality”
means
a
city,
county,
or
township.
25
10.
“Rehabilitation”
means
the
action
of
restoring
to
its
26
former
condition
something
that
has
deteriorated
or
has
been
27
damaged.
28
Sec.
4.
NEW
SECTION
.
358A.4
Creation.
29
1.
A
land
bank
organized
under
this
chapter
shall
be
a
30
body
corporate
and
politic,
with
the
name
under
which
it
was
31
organized,
and
may
sue
and
be
sued
in
its
own
name,
contract
32
and
be
contracted
with,
acquire
and
hold
real
and
personal
33
property
necessary
for
corporate
purposes,
adopt
a
corporate
34
seal
and
alter
the
same
at
pleasure,
and
exercise
all
the
35
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powers
conferred
in
this
chapter.
1
2.
a.
Any
municipality
may
create
a
land
bank.
Creation
2
shall
be
by
ordinance
in
the
case
of
a
city
or
by
resolution
in
3
the
case
of
a
county
or
township.
The
ordinance
or
resolution
4
shall
make
reference
to
the
purposes
listed
under
section
5
358A.2.
6
b.
Any
municipality
may
create
a
land
bank
in
combination
7
with
other
municipalities.
Municipalities
seeking
to
create
8
such
a
land
bank
shall
comply
with
the
procedures
set
forth
in
9
chapter
28E.
A
land
bank
shall
be
considered
a
public
agency
10
for
the
purposes
of
chapters
28E
and
28H.
11
c.
(1)
Any
city
or
township
passing
an
ordinance
or
a
12
resolution
or
entering
into
a
chapter
28E
agreement
creating
13
a
land
bank
pursuant
to
this
section
shall
promptly
deliver
14
copies
of
the
ordinance,
resolution,
or
agreement
to
the
15
auditor,
treasurer,
and
the
county
attorney
of
each
county
in
16
which
the
municipality
is
situated.
17
(2)
Any
board
of
supervisors
adopting
a
resolution
or
18
entering
into
a
chapter
28E
agreement
creating
a
land
bank
19
pursuant
to
this
section
shall
deliver
a
copy
of
the
resolution
20
or
agreement
to
the
county
auditor,
county
treasurer,
and
21
county
attorney.
22
3.
a.
The
enabling
ordinance
or
resolution,
or
chapter
28E
23
agreement,
shall
set
forth
all
of
the
following:
24
(1)
The
initial
members
of
the
board
and
the
initial
terms
25
of
those
members.
26
(2)
General
term
lengths
and
limits
for
members
of
the
27
board.
28
(3)
Procedures
that
the
board
shall
follow
in
exercising
29
discretionary
provisions
of
this
chapter.
30
b.
A
chapter
28E
agreement
relating
to
a
land
bank
shall
31
include
procedures
for
the
distribution
of
assets
between
32
participating
municipalities
upon
the
dissolution
of
the
land
33
bank.
34
c.
Unless
otherwise
limited
in
the
ordinance,
resolution,
35
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or
chapter
28E
agreement,
the
powers
and
procedures
of
a
newly
1
created
land
bank
shall
be
the
powers
and
procedures
specified
2
in
this
chapter.
3
4.
A
council
of
governments
established
in
section
28H.1
4
shall
not
form
a
land
bank.
However,
pursuant
to
a
chapter
5
28E
agreement,
a
council
of
governments
may
provide
community
6
development
services,
planning
services,
and
technical
7
assistance
to
a
land
bank.
8
Sec.
5.
NEW
SECTION
.
358A.5
Board
of
directors.
9
1.
a.
A
land
bank
shall
have
a
board
of
directors
in
which
10
all
powers
of
the
land
bank
shall
be
vested.
11
b.
Unless
restricted
by
the
enabling
ordinance,
resolution,
12
or
agreement
as
specified
in
section
358A.4,
the
provisions
of
13
this
section
shall
apply
to
the
governance
of
a
land
bank.
14
2.
a.
The
membership
of
the
board
shall
be
established
in
15
the
bylaws
of
the
land
bank
and
shall
consist
of
an
odd
number
16
of
members,
which
shall
be
not
less
than
five
nor
more
than
17
eleven.
18
b.
Unless
otherwise
specified
by
the
ordinance,
resolution,
19
or
agreement
under
section
358A.4,
the
default
length
of
a
term
20
for
a
board
member
shall
be
four
years.
The
maximum
length
of
a
21
term
for
a
board
member
shall
be
five
years.
22
c.
A
land
bank
may,
as
determined
in
the
bylaws,
limit
the
23
number
of
terms
or
consecutive
terms
that
members
of
its
board
24
may
serve.
25
3.
a.
A
local
official
may
serve
as
a
board
member,
and
26
service
as
a
board
member
shall
neither
terminate
nor
impair
27
the
local
official’s
office.
28
b.
A
local
employee
shall
be
eligible
to
serve
as
a
board
29
member.
30
c.
The
members
of
a
board
shall
all
be
voting
members.
31
Board
members
shall,
to
the
extent
practicable,
include
32
representatives
of
each
of
the
following:
33
(1)
A
local
government.
34
(2)
A
chamber
of
commerce.
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(3)
Persons
with
experience
in
financial
services.
1
(4)
Persons
with
experience
in
real
property
acquisition
or
2
real
property
development.
3
(5)
Persons
with
experience
in
nonprofit
or
affordable
4
housing.
5
(6)
Persons
who
meet
all
of
the
following:
6
(a)
The
person
resides
in
the
geographical
boundaries
of
the
7
land
bank.
8
(b)
The
person
is
not
a
local
official
or
local
employee.
9
d.
Requirements
provided
in
paragraph
“c”
may
be
satisfied
10
by
the
appointment
of
a
single
voting
member
who
meets
more
11
than
one
of
the
criteria.
12
e.
A
member
removed
under
subsection
9
shall
be
ineligible
13
for
reappointment
to
the
board
unless
the
reappointment
is
14
confirmed
unanimously
by
the
board.
15
4.
Annually,
the
board
shall
select
from
the
board
16
membership
a
chair,
vice
chair,
secretary,
and
treasurer
and
17
such
other
officers
as
the
board
deems
necessary.
18
5.
A
vacancy
on
the
board
shall
be
filled
following
the
19
procedure
adopted
pursuant
to
subsection
9.
Removal
of
a
20
member
shall
cause
the
position
to
become
vacant.
21
6.
Board
members
shall
serve
without
compensation.
22
However,
the
board
may
reimburse
a
member
for
expenses
actually
23
incurred
in
the
performance
of
duties
on
behalf
of
the
land
24
bank
as
provided
in
bylaws
adopted
pursuant
to
subsection
9.
25
7.
The
board
shall
meet
as
follows:
26
a.
In
regular
session
according
to
a
schedule
adopted
by
the
27
board.
28
b.
In
special
session
convened
by
the
chair
or
upon
written
29
petition
signed
by
a
majority
of
the
members.
30
8.
a.
A
majority
of
the
board,
excluding
vacancies,
31
constitutes
a
quorum.
32
b.
A
board
may
permit
any
or
all
members
to
participate
in
33
a
regular
or
special
meeting
by,
or
conduct
a
meeting
through
34
the
use
of,
any
means
of
electronic
communication
by
which
all
35
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directors
participating
can
simultaneously
hear
each
other
1
during
the
meeting.
A
member
participating
in
a
meeting
by
2
means
of
electronic
communication
is
deemed
to
be
present,
in
3
person,
at
the
meeting.
4
9.
a.
The
board
shall
adopt
bylaws
establishing
all
of
the
5
following:
6
(1)
Duties
of
officers
selected
pursuant
to
subsection
4.
7
(2)
Requirements
for
attendance
and
participation
of
8
members
at
regular
and
special
meetings
of
the
board.
9
(3)
A
procedure
for
removal
of
a
member
for
failure
10
to
comply
with
a
bylaw.
Removal
shall
only
be
made
by
the
11
affirmative
vote
of
no
less
than
a
majority
of
all
of
the
other
12
members
of
the
board.
13
(4)
A
procedure
detailing
prioritization
of
what
and
which
14
types
of
properties
to
acquire,
a
procedure
for
acquisition
of
15
properties,
and
a
statement
of
purpose.
16
(5)
A
procedure
for
the
terms
and
conditions
relating
17
to
disposition
of
properties,
including
but
not
limited
to
a
18
process
for
distribution
of
any
proceeds
to
any
claimants
or
19
taxing
entities,
and
to
any
other
land
bank.
20
(6)
A
procedure
for
the
establishment,
membership,
and
21
duties
of
committees
of
the
board.
22
(7)
Rules
to
determine
which
expenses
may
be
reimbursed.
23
(8)
A
procedure
for
making
an
appointment
to
fill
a
vacancy
24
on
the
board.
The
procedure
shall
include
a
simple
majority
25
vote
by
the
board
to
approve
the
appointment.
26
(9)
Other
matters
necessary
to
govern
the
conduct
of
a
land
27
bank.
28
b.
When
in
actual
conflict,
the
ordinances,
resolutions,
or
29
agreements
described
in
section
358A.4
shall
control
over
any
30
bylaws
adopted
by
the
board.
31
10.
a.
Except
as
set
forth
in
paragraph
“b”
or
“c”
,
the
32
enabling
ordinance,
resolution,
or
agreement,
or
as
set
forth
33
by
a
land
bank
in
its
bylaws,
an
action
of
the
board
must
be
34
approved
by
the
affirmative
vote
of
a
majority
of
the
board
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present
and
voting.
1
b.
Action
of
the
board
on
the
following
matters
must
be
2
approved
by
a
majority
of
the
entire
board
membership
excluding
3
vacancies:
4
(1)
Adoption
of
bylaws.
5
(2)
Hiring
or
firing
of
an
employee
or
contractor
of
the
6
land
bank.
7
(3)
Incurring
of
debt.
8
(4)
Adoption
or
amendment
of
the
annual
budget.
9
(5)
Sale,
lease,
encumbrance,
or
alienation
of
real
10
property
or
personal
property
with
a
value
of
more
than
fifty
11
thousand
dollars.
12
c.
A
resolution
regarding
dissolution
of
the
land
bank
under
13
section
358A.17
must
be
approved
by
two-thirds
of
the
entire
14
board
membership.
15
d.
A
member
of
the
board
shall
not
vote
by
proxy.
16
e.
A
member
may
request
that
a
vote
on
any
resolution
or
17
action
of
the
land
bank
be
recorded.
18
11.
Members
of
the
board
shall
not
be
liable
personally
on
19
the
obligations
of
the
land
bank,
and
rights
of
creditors
of
a
20
land
bank
shall
be
solely
against
the
land
bank.
21
Sec.
6.
NEW
SECTION
.
358A.6
Staff.
22
1.
A
land
bank
may
employ
or
contract
for
the
employment
23
of
a
secretary,
an
executive
director,
legal
counsel
and
legal
24
staff,
including
the
use
of
student
clinicians
from
a
reputable
25
law
school
in
this
state
with
a
clinical
law
program,
and
such
26
other
technical
experts
and
agents
and
employees,
permanent
27
or
temporary,
as
the
land
bank
may
require.
The
land
bank
28
may
determine
the
qualifications
and
fix
the
compensation
and
29
benefits
of
such
persons.
A
land
bank
may
also
enter
into
30
contracts
and
agreements
with
municipalities
or
nonprofit
31
entities
for
staffing
services
to
be
provided
to
the
land
32
bank
or
for
a
land
bank
to
provide
such
staffing
services
to
33
municipalities
or
agencies
or
departments
of
municipalities.
34
2.
An
employee
of
the
land
bank
is
not
and
shall
not
be
35
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deemed
to
be
an
employee
of
the
municipality
for
whose
benefit
1
the
land
bank
is
organized
solely
because
the
employee
is
2
employed
by
the
land
bank.
3
3.
A
land
bank
is
an
employer
as
defined
in
section
97B.1A,
4
subsection
9,
paragraph
“a”
,
and
an
employee
of
the
land
bank
is
5
an
employee
as
defined
in
section
97B.1A,
subsection
8.
6
4.
The
land
bank
shall
determine
the
compensation
for
an
7
executive
director
who
shall
manage
the
operations
of
a
land
8
bank
and
employ
or
contract
for
the
employment
of
others
for
9
the
benefit
of
the
land
bank
as
approved
and
funded
by
the
10
board
of
directors.
11
Sec.
7.
NEW
SECTION
.
358A.7
Powers.
12
1.
In
furtherance
of
the
purposes
set
forth
in
section
13
358A.2,
a
land
bank
shall
have
all
of
the
following
powers:
14
a.
To
borrow
money
for
any
of
the
purposes
of
the
land
bank
15
by
means
of
loans,
lines
of
credit,
or
any
other
financial
16
instruments
or
securities
other
than
through
the
issuance
17
of
bonds,
debentures,
or
notes.
A
land
bank
may
secure
its
18
indebtedness
by
mortgage,
pledge,
deed
of
trust,
or
other
lien
19
on
its
property,
franchises,
rights,
and
privileges
of
every
20
kind
and
nature
or
any
part
thereof
or
interest
therein.
The
21
funds
borrowed
by
the
land
bank
are
payable
as
to
principal,
22
interest,
and
any
other
amounts
owed
the
lender
solely
from
23
the
proceeds
from
the
net
revenues
of
the
land
bank
and
are
24
not
a
debt
of
or
charge
against
any
of
the
municipalities
that
25
formed
the
land
bank
within
the
meaning
of
any
constitutional
26
or
statutory
debt
limitation
provision.
For
purposes
of
this
27
subsection:
28
(1)
“Gross
revenues”
means
the
income
and
receipts
of
the
29
land
bank
from
any
source
whatsoever,
including
but
not
limited
30
to
contributions
from
private
parties
or
member
municipalities,
31
sale
or
lease
of
rehabilitated
properties,
and
collection
of
a
32
portion
of
the
property
taxes
during
the
five-year
period
after
33
sale
or
lease
of
the
rehabilitated
property.
34
(2)
“Net
revenues”
means
the
gross
revenues
of
the
land
bank
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less
the
land
bank’s
operating
expenses.
1
b.
To
purchase,
receive,
hold,
manage,
lease,
2
lease-purchase,
or
otherwise
acquire
and
to
sell,
convey,
3
including
a
conveyance
by
installment
purchase
contract,
4
transfer,
lease,
sublease,
or
otherwise
dispose
of
real
and
5
personal
property,
together
with
any
incidental
or
appurtenant
6
rights,
privileges,
or
uses,
including
but
not
limited
to
any
7
real
or
personal
property
acquired
by
the
land
bank
in
the
8
satisfaction
of
debts
or
the
enforcement
of
obligations.
9
c.
(1)
To
acquire
the
good
will,
business,
rights,
real
and
10
personal
property,
and
other
assets
of
any
person,
subject
to
11
any
obligations
enforceable
against
the
property
so
acquired.
12
(2)
To
acquire,
reclaim,
manage,
or
contract
for
the
13
management
of
improved
or
unimproved
and
underutilized
14
real
property
for
the
purpose
of
constructing
or
causing
15
the
construction
of
business
establishments
or
housing
on
16
the
property,
for
the
purpose
of
assembling
and
enhancing
17
utilization
of
the
real
property,
or
for
the
purpose
of
18
disposing
of
such
real
property
to
others
in
whole
or
in
part
19
for
the
construction
of
business
establishments
or
housing.
20
(3)
To
acquire,
reclaim,
manage,
contract
for
the
21
management
of,
construct
or
reconstruct,
alter,
repair,
22
maintain,
operate,
sell,
convey,
including
a
conveyance
by
23
installment
purchase
contract,
transfer,
lease,
sublease,
or
24
otherwise
dispose
of
business
establishments
or
housing.
25
d.
To
acquire,
subscribe
for,
own,
hold,
sell,
assign,
26
transfer,
mortgage,
pledge,
or
otherwise
dispose
of
stocks,
27
shares,
bonds,
debentures,
notes,
or
other
securities
28
interests
or
indebtedness
and
evidences
of
interest
in,
or
29
indebtedness
of,
any
person,
notwithstanding
section
12B.10.
30
Any
tax
revenue
received
by
a
land
bank
shall
not
be
used
for
31
acquisition
or
subscription.
The
acquisition
of
securities
32
shall
only
be
by
gift.
Securities
so
acquired
shall
be
33
converted
to
cash
as
soon
as
practicable.
34
e.
To
mortgage,
pledge,
or
otherwise
encumber
any
property
35
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acquired
pursuant
to
the
powers
contained
in
paragraph
“b”
,
“c”
,
1
or
“d”
.
2
f.
To
serve
as
an
agent
for
grant
applications
and
for
the
3
administration
of
grants,
or
to
make
applications
as
principal
4
for
grants
intended
for
use
by
the
land
bank.
5
g.
To
charge
fees
or
exchange
in-kind
goods
or
services
for
6
services
rendered
to
political
subdivisions
and
other
persons
7
for
whom
services
are
rendered.
8
h.
To
purchase
tax
sale
certificates
at
auction,
negotiated
9
sale,
or
from
a
third
party
who
purchased
and
is
a
holder
of
one
10
or
more
tax
sale
certificates
issued
pursuant
to
chapter
446.
11
i.
To
be
assigned
a
mortgage
on
real
property
from
a
12
mortgagee
in
lieu
of
acquiring
such
real
property
subject
to
13
a
mortgage.
14
j.
To
register
as
a
bidder
for
tax
sales
conducted
under
15
chapter
446,
including
tax
sales
conducted
under
section
16
446.19C,
to
bid
on
parcels
offered
at
such
sales,
and
to
hold
17
and
administer
tax
sale
certificates
obtained
at
such
sales,
18
provided
that
a
land
bank
may
exercise
the
powers
authorized
19
under
this
paragraph
only
with
respect
to
parcels
within
the
20
geographical
boundaries
of
the
land
bank.
21
k.
To
petition
for
abatement
pursuant
to
chapter
657A.
22
A
land
bank
is
an
“interested
person”
for
purposes
of
that
23
chapter.
24
l.
To
do
all
acts
and
things
necessary
or
convenient
to
25
carry
out
the
purposes
set
forth
in
section
358A.2
and
the
26
powers
especially
created
for
a
land
bank
in
this
section,
27
including
but
not
limited
to
contracting
with
the
federal
28
government,
the
state
or
any
political
subdivision
of
the
29
state,
and
any
other
party,
whether
nonprofit
or
for-profit.
30
2.
The
powers
enumerated
in
this
chapter
shall
not
be
31
construed
to
limit
the
general
powers
of
a
land
bank.
The
32
powers
granted
under
this
chapter
are
in
addition
to
the
powers
33
granted
by
any
other
section
of
the
Code,
but
as
to
a
land
34
bank,
shall
be
used
only
for
the
purposes
set
forth
in
section
35
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358A.2.
1
Sec.
8.
NEW
SECTION
.
358A.8
Eminent
domain.
2
1.
A
land
bank
shall
not
possess
or
exercise
the
power
of
3
eminent
domain,
including
under
chapters
6A
and
6B.
4
2.
Land
acquired
by
a
municipality
by
the
exercise
of
5
condemnation
through
eminent
domain
shall
not
be
used
to
6
effectuate
the
purposes
of
this
chapter.
7
Sec.
9.
NEW
SECTION
.
358A.9
Acquisition
of
property.
8
1.
a.
Except
as
provided
in
section
358A.8,
a
land
bank
9
may
acquire
real
property
or
interests
in
real
property
by
10
gift,
devise,
transfer,
exchange,
foreclosure,
purchase,
or
11
otherwise,
on
terms
and
conditions
and
in
a
manner
the
board
12
considers
is
in
the
best
interest
of
the
land
bank.
13
b.
A
land
bank
may
hold
and
own
in
its
name
any
property
14
acquired
by
or
conveyed
to
the
land
bank.
All
deeds,
15
mortgages,
contracts,
leases,
purchases,
or
other
agreements
16
regarding
property
of
the
land
bank,
including
agreements
to
17
acquire
or
dispose
of
real
property,
may
be
approved
by
and
18
executed
in
the
name
of
the
land
bank.
19
2.
a.
A
land
bank
may
acquire
real
property
by
purchase
20
contracts,
lease-purchase
agreements,
installment
sales
21
contracts,
land
contracts,
or
other
contracts
that
convey
an
22
interest
in
real
property.
A
land
bank
may
accept
transfers
23
of
property
or
interests
in
property
from
the
state
or
24
any
political
subdivision
of
the
state
upon
such
terms
and
25
conditions
as
agreed
to
by
the
land
bank
and
that
unit
of
26
government
so
long
as
the
real
property
is
located
within
the
27
geographical
boundaries
of
the
land
bank.
28
b.
A
land
bank
may
acquire
tax
sale
certificates
at
a
tax
29
sale
conducted
under
chapter
446
and
may
subsequently
acquire
30
title
through
tax
lien
foreclosure
procedures.
A
land
bank
31
shall
not
be
considered
a
city
or
county
for
purposes
of
32
bidding
on
and
acquiring
tax
sale
certificates
under
chapter
33
446,
redeeming
property
under
chapter
447,
or
obtaining
a
tax
34
sale
deed
under
chapter
448.
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c.
The
acquisition
of
property
by
the
land
bank
shall
not
1
be
governed
or
controlled
by
any
regulations
or
laws
relating
2
to
procurement
or
acquisition
of
property
of
any
municipality
3
that
created
the
land
bank,
unless
specifically
provided
in
the
4
ordinance,
resolution,
or
chapter
28E
agreement
establishing
5
the
land
bank.
6
d.
Except
as
otherwise
provided
in
paragraph
“e”
,
a
land
7
bank
shall
not
own
or
hold
real
property
located
outside
the
8
geographical
boundaries
of
the
land
bank.
9
e.
A
land
bank
may
be
granted,
pursuant
to
an
10
intergovernmental
contract
with
a
political
subdivision
of
11
this
state,
the
authority
to
manage
and
maintain
real
property
12
located
within
the
geographical
boundaries
of
the
political
13
subdivision,
but
outside
the
geographical
boundaries
of
the
14
land
bank.
If
a
land
bank
receives
a
gift
or
devise
of
real
15
property
located
outside
of
the
geographical
boundaries
of
the
16
land
bank,
the
land
bank
shall
dispose
of
such
property
by
sale
17
or
exchange
as
soon
as
reasonably
practicable.
18
3.
A
land
bank
shall
maintain
all
of
its
real
property
in
19
accordance
with
the
laws
and
ordinances
of
the
jurisdiction
in
20
which
the
real
property
is
located.
21
4.
A
land
bank
shall
maintain
and
make
available
for
public
22
review
and
inspection
an
inventory
of
all
real
property
held
23
by
the
land
bank.
24
Sec.
10.
NEW
SECTION
.
358A.10
Disposition
of
property.
25
1.
A
land
bank
may
convey,
exchange,
sell,
transfer,
lease,
26
grant,
or
mortgage
interests
in
real
property
of
the
land
bank
27
at
such
times,
to
such
persons,
upon
such
terms
and
conditions,
28
and
subject
to
such
restrictions
and
covenants
as
the
land
bank
29
deems
necessary
or
appropriate
to
assure
the
effective
use
of
30
the
bank
in
accordance
with
the
purposes
of
section
358A.2.
31
2.
The
land
bank
shall
set
forth
in
a
resolution
the
land
32
bank’s
proposal
for
sale,
exchange,
transfer,
lease
for
more
33
than
a
period
of
three
years,
grant,
or
other
disposition
of
34
real
property
the
land
bank
owns
and
shall
publish
notice
in
a
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newspaper
published
at
least
once
weekly
and
having
a
general
1
circulation
within
the
general
boundaries
of
the
land
bank
at
2
least
four
and
not
more
than
twenty
days
prior
to
the
date
of
3
the
public
hearing.
The
published
notice
shall
provide
the
4
date,
time,
and
place
of
a
public
hearing
on
the
proposal.
5
However,
if
the
population
within
the
geographical
boundaries
6
of
the
land
bank
is
less
than
two
hundred
or
if
there
is
not
7
a
newspaper
published
within
the
geographical
boundaries
of
8
the
land
bank,
the
land
bank
may
post
such
notice
on
the
real
9
property
that
is
the
subject
of
such
proposal
and
at
two
public
10
places
within
the
geographical
boundaries
of
the
land
bank.
11
3.
After
the
public
hearing,
the
land
bank
shall
make
a
12
final
determination
on
the
proposal
by
resolution.
13
4.
A
land
bank
shall
not
dispose
of
real
property
by
gift
14
except
to
a
governmental
body
for
a
public
purpose.
15
5.
A
land
bank
shall
determine
the
amount
and
form
of
16
consideration
necessary
to
convey,
exchange,
sell,
transfer,
17
lease,
grant,
or
mortgage
interests
in
real
property.
18
Consideration
may
take
the
form
of
monetary
payments
and
19
secured
financial
obligations,
covenants
and
conditions
related
20
to
the
present
and
future
use
of
the
property,
contractual
21
commitments
by
the
transferee,
and
other
forms
of
consideration
22
as
determined
by
the
board
to
be
in
the
best
interest
of
23
the
land
bank.
The
value
of
the
consideration
shall
be
24
not
less
than
the
lesser
of
the
fair
market
value
of
the
25
property
subject
to
any
terms
and
conditions
imposed
upon
the
26
disposition
of
the
property
or
the
amount
paid
by
the
land
bank
27
to
acquire
and
rehabilitate
the
property.
28
6.
A
municipality
may
in
the
ordinance
or
resolution
29
creating
a
land
bank,
or
in
the
chapter
28E
agreement
in
the
30
case
of
any
combination
of
municipalities
creating
a
single
31
land
bank,
require
that
a
particular
form
of
disposition
of
32
real
property
or
a
disposition
of
real
property
located
within
33
a
specified
jurisdiction
be
subject
to
specified
voting
and
34
approval
requirements
of
the
board.
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100
Sec.
11.
NEW
SECTION
.
358A.11
Financing.
1
1.
A
land
bank
may
receive
funding
through
grants,
loans,
2
and
other
moneys
from
the
municipality
that
created
the
land
3
bank,
from
other
municipalities,
from
the
state,
from
the
4
federal
government,
and
from
other
public
and
private
sources,
5
including
but
not
limited
to
donations,
gifts,
or
bequests.
6
2.
A
land
bank
may
receive
and
retain
payments
for
services
7
rendered,
for
rents
and
leasehold
payments
received,
for
8
consideration
for
disposition
of
real
and
personal
property,
9
for
proceeds
of
insurance
coverage
for
losses
incurred,
for
10
income
from
investments,
and
for
any
other
asset
and
activity
11
lawfully
permitted
to
a
land
bank
under
this
chapter.
12
3.
Up
to
seventy-five
percent
of
the
real
property
taxes
13
remaining
after
the
division
of
taxes
pursuant
to
section
14
403.19,
if
applicable,
and
exclusive
of
any
amount
levied
by
a
15
school
district,
collected
on
real
property
that
a
land
bank
16
has
conveyed
or
leased
to
a
third
party
shall
be
remitted
to
17
the
land
bank.
The
specific
percentage
of
the
taxes
to
be
18
remitted,
as
to
each
municipality
that
created
the
land
bank,
19
shall
be
set
forth
in
the
enabling
ordinance,
resolution,
or
20
chapter
28E
agreement
creating
the
land
bank.
The
allocation
21
of
property
tax
revenues
shall
commence
with
property
taxes
22
payable
on
the
assessed
value
of
the
property
determined
on
the
23
first
assessment
year
beginning
January
1
following
the
date
24
of
conveyance
or
lease
by
the
land
bank
and
shall
be
allocated
25
for
a
period
of
five
consecutive
years.
The
land
bank
shall
26
give
the
treasurer
in
the
county
where
the
property
is
located
27
written
notice
of
the
date
of
the
sale
or
lease
of
any
property
28
for
which
the
land
bank
claims
a
real
property
tax
payment
29
under
this
subsection.
The
notice
shall
identify
the
property
30
by
local
tax
parcel
number,
address,
and
legal
description
and
31
include
a
copy
of
the
ordinance,
resolution,
or
chapter
28E
32
agreement
setting
forth
the
portion
of
such
taxes
allocable
to
33
the
land
bank
under
this
subsection.
Upon
receipt
of
the
taxes
34
from
such
property,
the
treasurer
shall
pay
the
land
bank
its
35
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share
of
the
taxes
paid
on
such
property
with
respect
to
the
1
applicable
five-year
period.
2
4.
At
the
time
that
a
land
bank
sells
or
otherwise
disposes
3
of
property
as
part
of
its
land
bank
program,
the
proceeds
from
4
the
sale,
if
any,
shall
be
allocated
as
determined
by
the
land
5
bank
among
the
following
priorities:
6
a.
Furtherance
of
land
bank
operations.
7
b.
Recovery
of
land
bank
expenses.
8
Sec.
12.
NEW
SECTION
.
358A.12
Delinquent
property
tax
9
enforcement.
10
1.
Whenever
a
land
bank
acquires
real
property
encumbered
11
by
a
lien
or
claim
for
real
property
taxes
owed
to
one
or
12
more
of
the
municipalities
that
established
the
land
bank,
13
or
to
other
political
subdivisions
that
have
entered
into
an
14
intergovernmental
contract
with
the
land
bank,
the
land
bank
15
may,
by
resolution
of
the
board,
discharge
and
extinguish
any
16
and
all
of
the
liens
or
claims.
The
decision
by
the
board
to
17
extinguish
the
property
tax
liens
or
claims
is
subject
to
the
18
voting
requirements
contained
in
section
358A.5,
subsection
19
10.
If
a
portion
of
the
real
property
taxes
are
attributable
20
to
property
taxes
certified
for
levy
by
a
school
district,
21
the
land
bank
shall
notify
the
school
district
in
writing
of
22
its
intent
to
extinguish
all
such
liens
and
claims.
If
the
23
school
district
sends
a
written
objection
to
the
proposed
24
extinguishment
of
such
liens
and
claims
to
the
land
bank
within
25
thirty
days
of
receipt
of
such
notice,
the
land
bank
shall
not
26
extinguish
the
liens
and
claims.
If
the
school
district
fails
27
to
send
a
written
objection
to
the
proposed
extinguishment
to
28
the
land
bank
within
thirty
days
of
receipt
of
such
notice
29
from
the
land
bank,
the
land
bank
shall
have
the
power,
by
30
resolution
of
the
board,
to
discharge
and
extinguish
any
31
and
all
such
liens
or
claims.
To
the
extent
necessary
and
32
appropriate,
the
land
bank
shall
file
with
the
appropriate
33
taxing
entity
a
copy
of
the
resolution
providing
for
the
34
discharge
and
the
extinguishment
of
liens
or
claims
under
this
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section.
1
2.
If
a
land
bank
receives
payments
of
any
kind
attributable
2
to
liens
or
claims
for
real
property
taxes
owed
or
allocated
3
to
a
municipality
or
school
district
on
property
acquired
by
4
the
land
bank,
the
land
bank
shall
remit
the
full
amount
of
the
5
payments
to
the
appropriate
taxing
entity.
6
Sec.
13.
NEW
SECTION
.
358A.13
Exemption
from
taxation.
7
The
income
and
operations
of
a
land
bank
are
exempt
from
8
taxation
by
the
state
and
by
any
political
subdivision
of
the
9
state.
10
Sec.
14.
NEW
SECTION
.
358A.14
Public
records
and
public
11
meetings.
12
A
land
bank
is
a
“governmental
body”
for
purposes
of
chapter
13
21
and
a
“government
body”
for
the
purposes
of
chapter
22.
A
14
land
bank
shall
comply
with
all
public
meeting
requirements
15
under
chapter
21
and
all
public
records
requirements
under
16
chapter
22.
17
Sec.
15.
NEW
SECTION
.
358A.15
Reports.
18
1.
A
land
bank
shall
submit
to
the
governing
body
of
the
19
municipality
that
created
the
land
bank
a
monthly
report
that
20
informs
the
municipality
of
the
land
bank’s
activities
for
the
21
previous
month.
22
2.
By
January
31
of
each
year,
the
land
bank
shall
submit
an
23
annual
report
to
the
governing
body
of
the
municipality
that
24
created
the
land
bank
that
informs
the
municipality
of
the
land
25
bank’s
activities
for
the
preceding
calendar
year.
26
3.
A
land
bank
shall
submit
an
annual
report,
by
January
27
31
of
each
year,
to
the
general
assembly
concerning
the
land
28
bank’s
activities
for
the
preceding
calendar
year.
29
Sec.
16.
NEW
SECTION
.
358A.16
Audits.
30
A
land
bank
is
a
“governmental
subdivision”
for
the
purposes
31
of
chapter
11.
A
land
bank
shall
be
subject
to
periodic
32
examination
by
the
auditor
of
state.
33
Sec.
17.
NEW
SECTION
.
358A.17
Dissolution
of
land
banks.
34
1.
A
land
bank
may
be
dissolved
sixty
calendar
days
after
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a
resolution
of
dissolution
is
approved
by
two-thirds
of
the
1
voting
members
of
the
board
and
by
two-thirds
of
the
membership
2
of
each
governing
body
of
a
municipality
that
created
the
3
land
bank.
The
board
shall
appoint
a
trustee
to
distribute
4
assets
held
by
the
land
bank.
The
board
shall
give
sixty
5
calendar
days
advance
written
notice
of
its
consideration
of
6
a
resolution
of
dissolution
by
publishing
a
notice
in
local
7
newspapers
of
general
circulation
within
each
municipality
that
8
created
the
land
bank.
Upon
dissolution
of
the
land
bank,
all
9
liabilities,
real
property,
personal
property,
and
other
assets
10
of
the
land
bank
shall
become
the
liabilities
and
assets
of
the
11
municipality
that
created
the
land
bank,
or,
in
the
case
of
a
12
land
bank
created
pursuant
to
a
chapter
28E
agreement,
shall
be
13
distributed
pursuant
to
the
chapter
28E
agreement.
14
2.
A
municipality
may
withdraw
from
a
land
bank
if
the
land
15
bank
was
created
pursuant
to
a
chapter
28E
agreement.
The
16
withdrawing
municipality
shall
receive
its
share
of
assets
and
17
liabilities
as
determined
in
the
chapter
28E
agreement.
A
land
18
bank
consisting
of
two
or
more
municipalities
does
not
dissolve
19
upon
the
withdrawal
of
a
single
municipality.
20
Sec.
18.
NEW
SECTION
.
358A.18
Conflicts
of
interest.
21
1.
For
purposes
of
this
section,
“family
member”
means
a
22
person
who
is
a
spouse,
domestic
partner,
child,
step-child,
23
grandchild,
parent,
step-parent,
grandparent,
sibling,
niece,
24
nephew,
uncle,
aunt,
mother-in-law,
father-in-law,
son-in-law,
25
or
daughter-in-law
of
a
member
of
the
board
or
an
employee
of
a
26
land
bank.
“Family
member”
includes
a
person
who
is
a
family
27
member
through
adoption.
28
2.
A
member
of
the
board,
employee
of
a
land
bank,
or
family
29
member
of
a
member
of
the
board
or
an
employee
of
the
land
30
bank
shall
not
acquire
any
direct
or
indirect
interest
in
real
31
property
of
the
land
bank
or
in
any
property
to
be
acquired
32
from
the
land
bank,
or
have
or
acquire
any
direct
or
indirect
33
interest
in
any
real
property
to
be
acquired
by
a
land
bank.
34
A
land
bank
shall
not
acquire
any
real
property
from
a
board
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member,
employee
of
the
land
bank,
or
family
member
of
a
board
1
member
or
employee
of
the
land
bank.
2
3.
Members
of
the
board
and
employees
of
the
land
bank
shall
3
disclose
to
the
board
any
direct
or
indirect
ownership
interest
4
such
person
or
a
family
member
of
such
person
has
in
any
5
property
to
be
acquired
by
the
land
bank
or
located
within
one
6
thousand
feet
of
any
property
that
the
land
bank
is
considering
7
acquiring
before
the
land
bank
takes
any
action
to
acquire
such
8
property.
A
member
of
the
board
who
is
required
to
make
such
9
disclosure
shall
not
participate
in
the
decision
to
approve
the
10
acquisition
of
such
property.
11
4.
A
member
of
the
board,
employee
of
a
land
bank,
or
family
12
member
of
a
member
of
the
board
or
an
employee
of
the
land
13
bank
may
have
a
direct
or
indirect
interest
in
any
contract
14
or
proposed
contract
for
material
or
services
to
be
furnished
15
to
or
used
by
a
land
bank
only
upon
all
of
the
following
16
conditions:
17
a.
The
member
of
the
board
or
employee
of
the
land
bank
18
discloses
the
material
facts
of
such
transaction
and
the
nature
19
of
such
interest
to
the
board
before
the
board
acts
to
approve
20
such
contract
and,
if
the
person
is
a
board
member,
does
not
21
participate
in
the
discussion
or
vote
to
consider
approval
of
22
such
contract.
23
b.
Such
contract
is
approved
by
a
majority
of
the
members
24
of
the
board
who
have
no
direct
or
indirect
interest
in
such
25
contract
and
whose
family
members
have
no
direct
or
indirect
26
interest
in
such
contract.
27
c.
Such
contract
is
fair
at
the
time
the
contract
is
28
approved.
29
5.
a.
Any
person
who
serves
or
is
employed
by
a
land
bank
30
shall
not
engage
in
any
of
the
following
conduct:
31
(1)
Outside
employment
or
an
activity
that
involves
the
use
32
of
the
land
bank’s
time,
facilities,
equipment,
and
supplies
33
or
the
use
of
evidences
of
office
or
employment
to
give
the
34
person,
an
entity
affiliated
with
or
controlled
by
the
person,
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or
a
family
member
of
the
person
an
advantage
or
pecuniary
1
benefit
that
is
not
available
to
other
similarly
situated
2
members
or
classes
of
members
of
the
general
public.
For
3
purposes
of
this
subparagraph,
a
person
is
not
“similarly
4
situated”
merely
by
being,
or
being
related
to,
a
person
who
5
serves
or
is
employed
by
the
land
bank.
6
(2)
Outside
employment
or
an
activity
that
involves
the
7
receipt
of,
promise
of,
or
acceptance
of
money
or
other
8
consideration
by
the
person,
an
entity
affiliated
with
or
9
controlled
by
the
person,
or
a
family
member
of
the
person
from
10
anyone
other
than
the
land
bank
for
the
performance
of
any
act
11
that
the
person
would
be
required
or
expected
to
perform
as
a
12
part
of
the
person’s
regular
duties
or
during
the
hours
during
13
which
the
person
performs
service
or
work
for
the
land
bank.
14
(3)
Outside
employment
or
an
activity
that
is
subject
to
15
the
official
control,
inspection,
review,
audit,
or
enforcement
16
authority
of
the
person,
during
the
performance
of
the
person’s
17
duties
of
office
or
employment.
18
b.
If
the
outside
employment
or
activity
is
employment
or
19
activity
described
in
paragraph
“a”
,
subparagraph
(1)
or
(2),
20
the
person
shall
immediately
cease
the
employment
or
activity.
21
If
the
outside
employment
or
activity
is
employment
or
activity
22
described
in
paragraph
“a”
,
subparagraph
(3),
unless
otherwise
23
provided
by
law,
the
person
shall
take
one
of
the
following
24
courses
of
action:
25
(1)
Cease
the
outside
employment
or
activity.
26
(2)
Publicly
disclose
the
existence
of
the
conflict
and
27
refrain
from
taking
any
official
action
or
performing
any
28
official
duty
that
would
detrimentally
affect
or
create
a
29
benefit
for
the
outside
employment
or
activity.
For
purposes
30
of
this
subparagraph,
“official
action”
or
“official
duty”
31
includes
but
is
not
limited
to
participating
in
any
vote,
32
taking
affirmative
action
to
influence
any
vote,
granting
any
33
license
or
permit,
determining
the
facts
or
law
in
a
contested
34
case
or
rulemaking
proceeding,
conducting
any
inspection,
or
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providing
any
other
official
service
or
thing
that
is
not
1
available
generally
to
members
of
the
public
in
order
to
2
further
the
interests
of
the
outside
employment
or
activity.
3
6.
Unless
otherwise
specifically
provided,
the
requirements
4
of
this
section
shall
be
in
addition
to,
and
shall
not
5
supersede,
any
other
rights
or
remedies
provided
by
law.
6
DIVISION
II
7
LAND
BANK
TAX
SALE
COORDINATING
PROVISIONS
8
Sec.
19.
Section
446.16,
subsection
2,
Code
2021,
is
amended
9
to
read
as
follows:
10
2.
The
treasurer
may
establish
and
collect
a
reasonable
11
registration
fee
from
each
registered
bidder
at
the
tax
12
sale.
The
fee
shall
not
be
assessed
against
a
county
,
or
13
municipality
,
or
land
bank
.
The
total
of
the
fees
collected
14
shall
not
exceed
the
total
costs
of
the
tax
sale.
Registration
15
fees
collected
shall
be
deposited
in
the
general
fund
of
the
16
county.
17
Sec.
20.
NEW
SECTION
.
446.19C
Land
bank
tax
sale.
18
1.
A
land
bank
has
the
exclusive
bidder’s
right
to
purchase
19
tax
sale
certificates
offered
at
the
treasurer’s
annual
tax
20
sale
with
respect
to
tax
delinquent
parcels
located
within
the
21
geographical
boundaries
of
the
land
bank
that
are
dilapidated,
22
abandoned,
or
blighted
and
that
are
suitable
for
housing
or
23
commercial
use
following
rehabilitation.
24
2.
To
qualify
for
the
exclusive
bidder’s
right
to
purchase
25
tax
sale
certificates
under
this
section,
a
land
bank
must
26
file
a
verified
statement
with
the
treasurer
on
or
before
May
27
15.
The
land
bank
is
responsible
for
obtaining
information
28
from
the
treasurer
as
needed
to
accurately
identify
tax
parcel
29
numbers
and
total
amounts
due.
The
land
bank
shall
provide
the
30
treasurer
with
the
federal
tax
identification
number
of
the
31
land
bank,
but
such
information
is
not
required
to
be
shown
on
32
the
verified
statement.
The
verified
statement
shall
include
33
all
of
the
following:
34
a.
The
name,
address,
telephone
number,
and
electronic
mail
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address
of
the
land
bank.
1
b.
A
statement
that
the
land
bank
is
exercising
its
right
to
2
purchase
each
identified
parcel
pursuant
to
this
section.
3
c.
Specific
identification
of
each
parcel
by
the
parcel’s
4
official
county
tax
parcel
number.
5
d.
With
respect
to
each
identified
parcel,
a
statement
that
6
the
parcel
is
dilapidated,
abandoned,
or
blighted
and
that
the
7
parcel
is
suitable
for
housing
or
commercial
use
following
8
rehabilitation.
9
e.
The
total
amount
due
for
each
identified
parcel
computed
10
to
the
date
of
the
tax
sale.
11
3.
In
addition
to
the
verified
statement,
the
land
bank
12
shall
submit
payment
to
the
treasurer
of
an
amount
equal
to
13
the
total
amount
due
cumulatively
for
all
of
the
parcels
14
identified
in
the
verified
statement.
The
filing
of
the
15
verified
statement
by
a
land
bank
accompanied
by
payment
of
the
16
total
amount
due
for
all
identified
parcels
shall
constitute
17
the
registration
by
the
land
bank
as
a
bidder
at
the
tax
sale.
18
The
land
bank
shall
not
be
required
to
pay
a
registration
fee.
19
4.
The
land
bank’s
verified
statement
shall
be
published
at
20
the
same
time
and
in
the
same
manner
as
the
notice
of
the
annual
21
tax
sale,
and
the
requirements
in
section
446.9,
subsection
2,
22
for
publication
of
notice
of
the
annual
tax
sale
also
apply
to
23
publication
of
the
verified
statement.
24
5.
Upon
timely
receipt
of
the
verified
statement
and
25
payment
of
the
total
amount
due
cumulatively
for
all
identified
26
parcels,
the
treasurer
shall
remove
all
of
the
identified
27
parcels
from
the
regular
annual
tax
sale
and
place
those
28
parcels
in
a
separate
sale
known
as
the
“land
bank
tax
sale”.
29
On
the
day
of
the
regular
tax
sale,
the
treasurer
shall
issue
30
and
deliver
tax
sale
certificates
to
the
land
bank
for
all
31
parcels
listed
in
the
land
bank’s
verified
statement
that
32
remain
liable
to
sale
for
delinquent
taxes.
The
land
bank’s
33
exclusive
right
to
purchase
tax
sale
certificates
to
parcels
34
included
in
the
land
bank
tax
sale
is
prior
and
superior
to
the
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rights
of
any
other
tax
sale
bidder.
Any
tax
sale
certificate
1
issued
to
a
land
bank
under
the
provisions
of
this
section
2
shall
secure
a
one
hundred
percent
interest
in
the
parcel.
3
6.
The
separate
land
bank
tax
sale
shall
be
conducted
by
4
the
treasurer
prior
to
the
separate
public
nuisance
tax
sale
5
conducted
under
section
446.19B.
If
the
same
parcel
is
listed
6
in
both
such
sales,
the
parcel
shall
be
sold
to
the
land
bank.
7
7.
If
any
parcel
identified
within
the
land
bank’s
verified
8
statement
has
been
removed
from
the
land
bank
tax
sale
because
9
of
receipt
by
the
treasurer
of
payment
of
the
taxes
required
to
10
eliminate
the
delinquency,
the
treasurer
shall
refund
to
the
11
land
bank
the
amount
paid
with
respect
to
the
total
amount
due
12
for
the
parcel.
13
8.
For
purposes
of
this
section,
“abandoned”
,
“blighted”
,
14
“dilapidated”
,
“geographical
boundaries
of
the
land
bank”
,
“land
15
bank”
,
and
“rehabilitation”
mean
the
same
as
defined
in
section
16
358A.3.
17
Sec.
21.
Section
447.9,
subsection
1,
Code
2021,
is
amended
18
to
read
as
follows:
19
1.
After
one
year
and
nine
months
from
the
date
of
sale,
or
20
after
nine
months
from
the
date
of
a
sale
made
under
section
21
446.18
,
or
after
three
months
from
the
date
of
a
sale
made
22
under
section
446.19A
,
or
446.19B
,
or
446.19C,
the
holder
23
of
the
certificate
of
purchase
may
cause
to
be
served
upon
24
the
person
in
possession
of
the
parcel,
and
also
upon
the
25
person
in
whose
name
the
parcel
is
taxed,
a
notice
signed
by
26
the
certificate
holder
or
the
certificate
holder’s
agent
or
27
attorney,
stating
the
date
of
sale,
the
description
of
the
28
parcel
sold,
the
name
of
the
purchaser,
and
that
the
right
29
of
redemption
will
expire
and
a
deed
for
the
parcel
be
made
30
unless
redemption
is
made
within
ninety
days
from
the
completed
31
service
of
the
notice.
The
notice
shall
be
served
by
both
32
regular
mail
and
certified
mail
to
the
person’s
last
known
33
address
and
such
service
is
deemed
completed
when
the
notice
34
is
deposited
in
the
mail
and
postmarked
for
delivery.
The
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ninety-day
redemption
period
begins
as
provided
in
section
1
447.12
.
When
the
notice
is
given
by
a
county
as
a
holder
of
2
a
certificate
of
purchase
the
notice
shall
be
signed
by
the
3
county
treasurer
or
the
county
attorney,
and
when
given
by
a
4
city,
it
shall
be
signed
by
the
city
officer
designated
by
5
resolution
of
the
council.
When
the
notice
is
given
by
the
6
Iowa
finance
authority
or
a
city
or
county
agency
holding
7
the
parcel
as
part
of
an
Iowa
homesteading
project,
it
shall
8
be
signed
on
behalf
of
the
agency
or
authority
by
one
of
its
9
officers,
as
authorized
in
rules
of
the
agency
or
authority.
10
DIVISION
III
11
OTHER
COORDINATING
PROVISIONS
12
Sec.
22.
Section
11.1,
subsection
1,
paragraph
c,
Code
2021,
13
is
amended
to
read
as
follows:
14
c.
“Governmental
subdivision”
means
cities
and
15
administrative
agencies
established
by
cities,
hospitals
or
16
health
care
facilities
established
by
a
city,
counties,
county
17
hospitals
organized
under
chapters
347
and
347A
,
memorial
18
hospitals
organized
under
chapter
37
,
entities
organized
under
19
chapter
28E
,
land
banks
created
under
chapter
358A,
community
20
colleges,
area
education
agencies,
and
school
districts.
21
Sec.
23.
Section
21.2,
subsection
1,
Code
2021,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
k.
A
land
bank
created
under
chapter
358A.
24
Sec.
24.
Section
22.1,
subsection
1,
Code
2021,
is
amended
25
to
read
as
follows:
26
1.
“Government
body”
means
this
state,
or
any
county,
27
city,
township,
school
corporation,
political
subdivision,
28
tax-supported
district,
nonprofit
corporation
other
than
a
29
fair
conducting
a
fair
event
as
provided
in
chapter
174
,
whose
30
facilities
or
indebtedness
are
supported
in
whole
or
in
part
31
with
property
tax
revenue
and
which
is
licensed
to
conduct
32
pari-mutuel
wagering
pursuant
to
chapter
99D
;
the
governing
33
body
of
a
drainage
or
levee
district
as
provided
in
chapter
34
468
,
including
a
board
as
defined
in
section
468.3
,
regardless
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of
how
the
district
is
organized;
a
land
bank
created
under
1
chapter
358A;
or
other
entity
of
this
state,
or
any
branch,
2
department,
board,
bureau,
commission,
council,
committee,
3
official,
or
officer
of
any
of
the
foregoing
or
any
employee
4
delegated
the
responsibility
for
implementing
the
requirements
5
of
this
chapter
.
6
Sec.
25.
Section
97B.1A,
subsection
9,
paragraph
a,
Code
7
2021,
is
amended
to
read
as
follows:
8
a.
“Employer”
means
the
state
of
Iowa,
the
counties,
9
municipalities,
agencies,
public
school
districts,
all
10
political
subdivisions,
and
all
of
their
departments
and
11
instrumentalities,
including
area
agencies
on
aging,
other
than
12
those
employing
persons
as
specified
in
subsection
8
,
paragraph
13
“b”
,
subparagraph
(7),
land
banks
created
under
chapter
358A,
14
and
joint
planning
commissions
created
under
chapter
28E
or
15
28I
.
16
Sec.
26.
Section
331.361,
subsection
2,
unnumbered
17
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
18
In
disposing
of
an
interest
in
real
property
by
sale
or
19
exchange,
by
lease
for
a
term
of
more
than
three
years,
or
by
20
gift,
the
following
procedures
shall
be
followed,
except
for
21
dispositions
to
land
banks
created
under
chapter
358A
and
as
22
otherwise
provided
by
state
law:
23
Sec.
27.
Section
331.361,
subsection
4,
Code
2021,
is
24
amended
to
read
as
follows:
25
4.
The
board
shall
not
dispose
of
real
property
by
gift
26
except
for
a
public
purpose,
as
determined
by
the
board,
in
27
accordance
with
other
state
law.
This
subsection
shall
not
28
apply
to
disposal
of
real
property
by
gift
to
land
banks
29
created
under
chapter
358A.
30
Sec.
28.
Section
364.7,
Code
2021,
is
amended
to
read
as
31
follows:
32
364.7
Disposal
of
property.
33
1.
A
city
may
not
dispose
of
an
interest
in
real
property
34
by
sale,
lease
for
a
term
of
more
than
three
years,
or
gift,
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except
in
accordance
with
the
following
procedure:
1
1.
a.
The
council
shall
set
forth
its
proposal
in
a
2
resolution
and
shall
publish
notice
as
provided
in
section
3
362.3
,
of
the
resolution
and
of
a
date,
time
and
place
of
a
4
public
hearing
on
the
proposal.
5
2.
b.
After
the
public
hearing,
the
council
may
make
a
6
final
determination
on
the
proposal
by
resolution.
7
3.
c.
A
city
may
not
dispose
of
real
property
by
gift
8
except
to
a
governmental
body
for
a
public
purpose.
9
2.
This
section
shall
not
apply
to
disposal
of
an
interest
10
in
real
property
to
a
land
bank
created
under
chapter
358A.
11
Sec.
29.
Section
427.1,
Code
2021,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
42.
Land
bank
property.
The
real
property
14
of
a
land
bank
created
under
chapter
358A.
For
purposes
of
15
this
subsection,
real
property
includes
but
is
not
limited
16
to
real
property
held
by
a
land
bank
as
lessor
pursuant
17
to
long-term
lease
contracts
with
community
land
trusts
as
18
defined
in
42
U.S.C.
§12773,
but
does
not
include
real
property
19
otherwise
leased
by
a
land
bank
to
a
third
party
and
does
not
20
include
real
property
that
has
been
sold
on
contract,
which
21
real
property
shall
be
subject
to
property
taxation
in
the
name
22
of
the
contract
buyer.
23
Sec.
30.
Section
573.1,
subsection
3,
Code
2021,
is
amended
24
to
read
as
follows:
25
3.
“Public
corporation”
shall
embrace
the
state,
and
all
26
counties,
cities,
public
school
corporations,
any
land
bank
27
created
under
chapter
358A,
and
all
officers,
boards,
or
28
commissions
empowered
by
law
to
enter
into
contracts
for
the
29
construction
of
public
improvements.
30
Sec.
31.
Section
657A.2,
subsection
1,
Code
2021,
is
amended
31
to
read
as
follows:
32
1.
No
sooner
than
the
later
of
thirty
days
after
the
33
responsible
building
official’s
findings
have
been
provided
34
under
section
657A.1A
or
six
months
after
a
building
has
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become
abandoned,
a
petition
for
abatement
under
this
chapter
1
may
be
filed
in
the
district
court
of
the
county
in
which
2
the
property
is
located
by
the
city
in
which
the
property
is
3
located,
by
the
county
if
the
property
is
located
outside
the
4
limits
of
a
city,
by
a
neighboring
landowner,
by
a
land
bank
5
created
under
chapter
358A,
or
by
a
duly
organized
nonprofit
6
corporation
which
has
as
one
of
its
goals
the
improvement
of
7
housing
conditions
in
the
county
or
city
in
which
the
property
8
in
question
is
located.
The
petition
shall
not
demand
a
9
personal
judgment
against
any
party,
but
shall
concern
only
10
the
interests
in
the
property.
A
petition
for
abatement
filed
11
under
this
chapter
shall
include
the
legal
description
of
12
the
real
property
upon
which
the
public
nuisance
is
located
13
unless
the
public
nuisance
is
not
situated
on
or
confined
to
14
a
parcel
of
real
property,
or
is
portable
or
capable
of
being
15
removed
from
the
real
property.
Service
shall
be
made
on
all
16
interested
persons
by
personal
service
or,
if
personal
service
17
cannot
be
made,
by
certified
mail
and
first
class
mail
to
the
18
last
known
address
of
record
of
the
interested
person
and
by
19
posting
the
notice
in
a
conspicuous
place
on
the
building,
20
or
by
publication.
The
last
known
address
of
record
for
the
21
property
owner
shall
be
the
address
of
record
with
the
county
22
treasurer
of
the
county
where
the
property
is
located.
Service
23
may
also
be
made
as
provided
in
section
654.4A
.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
provides
for
the
establishment
of
land
banks.
28
Division
I
of
the
bill
authorizes
one
or
more
municipalities
29
to
establish
a
land
bank
as
a
method
to
return
dilapidated,
30
abandoned,
blighted,
and
tax-delinquent
properties
in
their
31
communities
to
economically
productive
status.
An
established
32
land
bank
is
a
public
agency
for
the
purpose
of
joint
exercise
33
of
governmental
powers,
a
governmental
body
for
purposes
34
of
public
meetings
requirements
of
Code
chapter
21,
and
a
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government
body
for
purposes
of
public
records
requirements
1
of
Code
chapter
22.
Land
banks
are
subject
to
periodic
2
examination
by
the
auditor
of
state
under
Code
chapter
11.
The
3
bill
sets
membership
requirements
and
term
limits
for
a
board
4
of
directors
of
a
land
bank,
including
interests
that
shall
5
be
represented
on
the
board.
The
bill
requires
the
board
to
6
establish
bylaws
relating
to
governance
of
the
land
bank.
7
Division
I
of
the
bill
grants
a
land
bank
various
powers
8
and
duties,
including
the
authority
to
acquire
properties
9
through
certain
procedures,
including
the
purchase
of
tax
10
sale
certificates
and
the
foreclosure
of
properties
acquired
11
at
a
tax
sale
if
not
redeemed.
However,
the
bill
explicitly
12
prohibits
a
land
bank
from
possessing
or
exercising
the
power
13
of
eminent
domain.
The
bill
establishes
financing
procedures
14
that
govern
land
banks,
including
allowing
to
be
remitted
to
15
the
land
bank
up
to
75
percent
of
real
property
taxes
collected
16
on
a
real
property
conveyed
or
leased
by
a
land
bank
that
17
remains
after
the
division
of
taxes
for
an
urban
renewal
area
18
and
exclusive
of
any
amount
levied
by
a
school
district
for
19
five
consecutive
years
after
the
property
is
again
put
on
the
20
tax
rolls.
The
bill
requires
a
land
bank
to
make
monthly
and
21
annual
reports
to
the
governing
body
that
created
the
land
22
bank
and
submit
an
annual
report
to
the
general
assembly.
The
23
bill
provides
procedures
for
disposing
of
property
that
is
24
acquired
by
the
land
bank.
The
bill
also
provides
procedures
25
for
dissolving
a
land
bank.
26
Division
II
of
the
bill
creates
a
land
bank
tax
sale
27
procedure,
which
allows
a
land
bank
to
acquire
abandoned,
28
blighted,
or
dilapidated
properties
through
an
exclusive
tax
29
sale.
In
order
to
acquire
property
through
a
land
bank
tax
30
sale,
the
land
bank
shall
file
a
verified
statement
identifying
31
the
parcels
for
which
the
land
bank
intends
to
purchase
the
tax
32
sale
certificates
and
shall
pay
the
delinquent
total
amounts
33
due
on
each
parcel
before
May
15.
Upon
timely
receipt
of
34
the
land
bank’s
verified
statement
and
payment,
the
county
35
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2029XS
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27/
28
S.F.
100
treasurer
shall
remove
the
identified
parcels
from
the
regular
1
annual
tax
sale
and
place
those
parcels
in
the
land
bank
tax
2
sale.
The
land
bank
tax
sale
shall
occur
before
a
public
3
nuisance
tax
sale.
4
Division
III
of
the
bill
makes
changes
throughout
the
Code
5
to
conform
with
land
bank
procedures
established
in
division
6
I
of
the
bill.
7
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28
