House File 2414 - Introduced
HOUSE FILE
BY GRASSLEY, KAUFMANN,
TYMESON, and MERTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certain eminent domain authority exercised by
2 the state and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6249HT 82
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PAG LIN
1 1 Section 1. Section 6A.1, Code 2007, is amended to read as
1 2 follows:
1 3 6A.1 EXERCISE OF POWER BY STATE.
1 4 1. Proceedings may be instituted and maintained by the
1 5 state of Iowa, or for the use and benefit thereof, for the
1 6 condemnation of such private property as may be necessary for
1 7 any public improvement which the general assembly has
1 8 authorized to be undertaken by the state, and for which an
1 9 available appropriation has been made. The executive council
1 10 shall institute and maintain such proceedings in case
1 11 authority to so do be not otherwise delegated.
1 12 2. All proceedings instituted and maintained by the state
1 13 of Iowa shall not commence without the signed authorization of
1 14 the governor.
1 15 3. The authority granted in this section shall not extend
1 16 to the department of natural resources if the department is
1 17 seeking to acquire real property for purposes of carrying out
1 18 a duty related to development and maintenance of the
1 19 recreation resources of the state, including planning,
1 20 acquisition, and development of recreational projects, and
1 21 areas and facilities related to such projects, notwithstanding
1 22 any provisions to the contrary.
1 23 Sec. 2. Section 455A.5, Code 2007, is amended by adding
1 24 the following new subsection:
1 25 NEW SUBSECTION. 7. The authority granted the commission
1 26 to acquire real property for purposes of carrying out a duty
1 27 related to development and maintenance of the recreation
1 28 resources of the state, including planning, acquisition, and
1 29 development of recreational projects, and areas and facilities
1 30 related to such projects, shall not extend to the authority to
1 31 acquire land by eminent domain.
1 32 Sec. 3. Section 456A.24, subsection 2, unnumbered
1 33 paragraph 1, Code 2007, is amended to read as follows:
1 34 Acquire by purchase, condemnation, lease, agreement, gift,
1 35 and devise lands or waters suitable for the purposes
2 1 hereinafter enumerated, and rights of way thereto, and to
2 2 maintain the same for the following purposes, to wit:
2 3 Sec. 4. Section 456A.24, Code 2007, is amended by adding
2 4 the following new subsection:
2 5 NEW SUBSECTION. 15. The power granted the department to
2 6 acquire real property for any statutory purpose relating to
2 7 development and maintenance of the recreation resources of the
2 8 state, including planning, acquisition, and development of
2 9 recreational projects, and areas and facilities related to
2 10 such projects, shall not extend to the authority to acquire
2 11 land by eminent domain.
2 12 Sec. 5. Section 461A.7, Code 2007, is amended to read as
2 13 follows:
2 14 461A.7 EMINENT DOMAIN PURCHASE OF LANDS == PUBLIC PARKS.
2 15 The commission may purchase or condemn lands from willing
2 16 sellers for public parks. No A contract for the purchase of
2 17 such public parks shall not be made to an amount in excess of
2 18 funds appropriated therefor by the general assembly.
2 19 Sec. 6. Section 461A.10, Code 2007, is amended to read as
2 20 follows:
2 21 461A.10 TITLE TO LANDS.
2 22 The title to all lands purchased, condemned, or donated,
2 23 hereunder, for park or highway purposes and the title to all
2 24 lands purchased, condemned, or donated hereunder for highway
2 25 purposes, shall be taken in the name of the state and if
2 26 thereafter it shall be deemed advisable to sell any portion of
2 27 the land so purchased or condemned, the proceeds of such sale
2 28 shall be placed to the credit of the said public state parks
2 29 fund to be used for such park purposes.
2 30 Sec. 7. Section 463C.8, subsection 1, paragraph k, Code
2 31 2007, is amended to read as follows:
2 32 k. The power to acquire, own, hold, administer, and
2 33 dispose of property, except that such power is not a grant of
2 34 authority to acquire property by eminent domain.
2 35 Sec. 8. Sections 461A.9 and 461A.75, Code 2007, are
3 1 repealed.
3 2 Sec. 9. EFFECTIVE DATE. This Act, being deemed of
3 3 immediate importance, takes effect upon enactment.
3 4 EXPLANATION
3 5 This bill makes changes relating to eminent domain
3 6 authority.
3 7 The bill provides that proceedings for the acquisition of
3 8 property by eminent domain shall not be instituted by the
3 9 state without the signed authorization of the governor.
3 10 The bill also provides that the department of natural
3 11 resources shall not exercise eminent domain authority to
3 12 acquire real property for purposes of carrying out a duty
3 13 related to development and maintenance of the recreation
3 14 resources of the state, including planning, acquisition, and
3 15 development of recreational projects, and areas and facilities
3 16 related to such projects.
3 17 The bill takes effect upon enactment.
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