HF 219 (LSB 1147HH (1) 86)

HOUSE FILE 219

BY  WATTS

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 6B.2C, Code 2015, is amended to read as follows:
   6B.2C  Approval of the public improvement.

   The authority to condemn is not conferred, and the condemnation proceedings shall not commence, unless the governing body for the acquiring agency approves the final route or site location and design of the proposed public improvement, approves the use of condemnation, and finds that there is a reasonable expectation the applicant will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits.
    Sec. 2.  Section 6B.56, subsection 1, Code 2015, is amended to read as follows:
   1.  If all or a portion of real property condemned pursuant to this chapter is not used for the purpose stated in the application filed pursuant to section 6B.3 and the acquiring agency seeks to dispose of the unused real property, the acquiring agency shall first offer the property for sale to the prior owner of the condemned property as provided in this section. If real property condemned pursuant to this chapter is used for the purpose stated in the application filed pursuant to section 6B.3 and the acquiring agency seeks to dispose of the real property by sale to a private person or entity within five years after acquisition of the property, the acquiring agency shall first offer the property for sale to the prior owner of the condemned property as provided in this section. For purposes of this section, the prior owner of the real property includes the successor in interest of the real property.
    Sec. 3.  Section 6B.56A, subsection 1, Code 2015, is amended to read as follows:
   1.  When five years have elapsed since property was condemned and all or a portion of the property has not been used for the purpose stated in the application filed pursuant to section 6B.3, and the acquiring agency has not taken action to dispose of the unused property pursuant to section 6B.56, the acquiring agency shall, within sixty days, adopt a resolution reaffirming the purpose for which the property will be used or offering the property for sale to the prior owner at a price as provided in section 6B.56. If the resolution adopted approves an offer of sale to the prior owner, the offer shall be made in writing and mailed by certified mail to the prior owner. The prior owner has one hundred eighty days after the offer is mailed to purchase the property from the acquiring agency.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  APPLICABILITY.  The section of this Act amending section 6B.2C applies to public improvement projects for which an application under section 6B.3 is filed on or after the effective date of this Act.
    Sec. 6.  APPLICABILITY.  The sections of this Act amending sections 6B.56 and 6B.56A apply to public improvement projects for which an application under section 6B.3 is filed before, on, or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to procedures and requirements for condemning property and for disposing of certain condemned property.
   The bill amends Code section 6B.2C by specifying that the authority to condemn property is not conferred on an acquiring agency unless the governing body for the acquiring agency first approves the final route or site location and design of the proposed public improvement.
   The bill also amends Code sections 6B.56 and 6B.56A relating to the disposition of condemned property by an acquiring agency. The bill specifies that the requirements and procedures for property that has not been used for the purpose stated in the condemnation application, including the requirement for first offering such property for sale to the prior owner, also apply to any portion of the property that has not been used for the purpose stated in the application.
   The bill takes effect upon enactment. The section of the bill amending Code section 6B.2C applies to public improvement projects for which an application for condemnation is filed on or after the effective date of the bill.
   The sections of the bill amending Code sections 6B.56 and 6B.56A apply to public improvement projects for which an application is filed before, on, or after the effective date of the bill.