Senate
File
152
-
Introduced
SENATE
FILE
152
BY
SCHNEIDER
A
BILL
FOR
An
Act
relating
to
the
procedures
and
requirements
for
1
condemnation
of
property
and
for
disposition
of
certain
2
condemned
property
and
including
effective
date
and
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
6B.2C,
Code
2015,
is
amended
to
read
as
1
follows:
2
6B.2C
Approval
of
the
public
improvement.
3
The
authority
to
condemn
is
not
conferred,
and
the
4
condemnation
proceedings
shall
not
commence,
unless
the
5
governing
body
for
the
acquiring
agency
approves
the
final
6
route
or
site
location
and
design
of
the
proposed
public
7
improvement,
approves
the
use
of
condemnation
,
and
finds
that
8
there
is
a
reasonable
expectation
the
applicant
will
be
able
9
to
achieve
its
public
purpose,
comply
with
all
applicable
10
standards,
and
obtain
the
necessary
permits.
11
Sec.
2.
Section
6B.56,
subsection
1,
Code
2015,
is
amended
12
to
read
as
follows:
13
1.
If
all
or
a
portion
of
real
property
condemned
pursuant
14
to
this
chapter
is
not
used
for
the
purpose
stated
in
the
15
application
filed
pursuant
to
section
6B.3
and
the
acquiring
16
agency
seeks
to
dispose
of
the
unused
real
property,
the
17
acquiring
agency
shall
first
offer
the
property
for
sale
to
18
the
prior
owner
of
the
condemned
property
as
provided
in
19
this
section
.
If
real
property
condemned
pursuant
to
this
20
chapter
is
used
for
the
purpose
stated
in
the
application
filed
21
pursuant
to
section
6B.3
and
the
acquiring
agency
seeks
to
22
dispose
of
the
real
property
by
sale
to
a
private
person
or
23
entity
within
five
years
after
acquisition
of
the
property,
the
24
acquiring
agency
shall
first
offer
the
property
for
sale
to
25
the
prior
owner
of
the
condemned
property
as
provided
in
this
26
section
.
For
purposes
of
this
section
,
the
prior
owner
of
the
27
real
property
includes
the
successor
in
interest
of
the
real
28
property.
29
Sec.
3.
Section
6B.56A,
subsection
1,
Code
2015,
is
amended
30
to
read
as
follows:
31
1.
When
five
years
have
elapsed
since
property
was
condemned
32
and
all
or
a
portion
of
the
property
has
not
been
used
for
the
33
purpose
stated
in
the
application
filed
pursuant
to
section
34
6B.3
,
and
the
acquiring
agency
has
not
taken
action
to
dispose
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of
the
unused
property
pursuant
to
section
6B.56
,
the
acquiring
1
agency
shall,
within
sixty
days,
adopt
a
resolution
reaffirming
2
the
purpose
for
which
the
property
will
be
used
or
offering
the
3
property
for
sale
to
the
prior
owner
at
a
price
as
provided
in
4
section
6B.56
.
If
the
resolution
adopted
approves
an
offer
of
5
sale
to
the
prior
owner,
the
offer
shall
be
made
in
writing
6
and
mailed
by
certified
mail
to
the
prior
owner.
The
prior
7
owner
has
one
hundred
eighty
days
after
the
offer
is
mailed
to
8
purchase
the
property
from
the
acquiring
agency.
9
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
10
immediate
importance,
takes
effect
upon
enactment.
11
Sec.
5.
APPLICABILITY.
The
section
of
this
Act
amending
12
section
6B.2C
applies
to
public
improvement
projects
for
which
13
an
application
under
section
6B.3
is
filed
on
or
after
the
14
effective
date
of
this
Act.
15
Sec.
6.
APPLICABILITY.
The
sections
of
this
Act
amending
16
sections
6B.56
and
6B.56A
apply
to
public
improvement
projects
17
for
which
an
application
under
section
6B.3
is
filed
before,
18
on,
or
after
the
effective
date
of
this
Act.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
procedures
and
requirements
for
23
condemning
property
and
for
disposing
of
certain
condemned
24
property.
25
The
bill
amends
Code
section
6B.2C
by
specifying
that
the
26
authority
to
condemn
property
is
not
conferred
on
an
acquiring
27
agency
unless
the
governing
body
for
the
acquiring
agency
first
28
approves
the
final
route
or
site
location
and
design
of
the
29
proposed
public
improvement.
30
The
bill
also
amends
Code
sections
6B.56
and
6B.56A
31
relating
to
the
disposition
of
condemned
property
by
an
32
acquiring
agency.
The
bill
specifies
that
the
requirements
33
and
procedures
for
property
that
has
not
been
used
for
the
34
purpose
stated
in
the
condemnation
application,
including
the
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152
requirement
for
first
offering
such
property
for
sale
to
the
1
prior
owner,
also
apply
to
any
portion
of
the
property
that
has
2
not
been
used
for
the
purpose
stated
in
the
application.
3
The
bill
takes
effect
upon
enactment.
The
section
of
the
4
bill
amending
Code
section
6B.2C
applies
to
public
improvement
5
projects
for
which
an
application
for
condemnation
is
filed
on
6
or
after
the
effective
date
of
the
bill.
7
The
sections
of
the
bill
amending
Code
sections
6B.56
8
and
6B.56A
apply
to
public
improvement
projects
for
which
an
9
application
is
filed
before,
on,
or
after
the
effective
date
10
of
the
bill.
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