Senate Study Bill 1093 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GREEN) A BILL FOR An Act relating to requirements for the division, subdivision, 1 and consolidation of parcels. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1798XC (2) 90 md/jh
S.F. _____ Section 1. Section 331.606B, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. The county recorder shall refuse any 3 document or instrument presented for recording for a division, 4 subdivision, or consolidation, as those terms are defined in 5 section 354.2, that is not accompanied by a certificate of the 6 treasurer that each tract or parcel is free from certified 7 taxes and certified special assessments or that the land is 8 free from certified taxes and that the certified special 9 assessments are secured by bond. 10 Sec. 2. Section 354.2, Code 2023, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. “Consolidation” means merging two or 13 more tracts or parcels of land into one parcel of land. 14 Sec. 3. NEW SECTION . 354.9A Certificate of the treasurer. 15 1. A governing body shall not approve a division, 16 subdivision, or consolidation under this chapter or within 17 the scope of but not limited to chapters 331, 335, 364, and 18 414 without a certificate of the treasurer that each tract 19 or parcel is free from certified taxes and certified special 20 assessments or that the land is free from certified taxes and 21 that the certified special assessments are secured by bond. 22 2. A certificate of the treasurer shall expire upon the 23 next annual delivery of the tax list from the county auditor 24 to the county treasurer pursuant to the procedures set forth 25 in section 443.4. An expired certificate of the treasurer 26 shall not be considered an acceptable document presented to the 27 recorder for recording. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill provides that a city council or the board of 32 supervisors, within whose jurisdiction land is located and 33 which has adopted ordinances regulating the division of land, 34 shall not approve a division, subdivision, or consolidation of 35 -1- LSB 1798XC (2) 90 md/jh 1/ 2
S.F. _____ tracts or parcels without a certificate of the treasurer that 1 each tract or parcel is free from certified taxes and certified 2 special assessments or that the land is free from certified 3 taxes and that the certified special assessments are secured 4 by bond. 5 The bill also requires the county recorder to refuse any 6 document or instrument presented for recording for a division, 7 subdivision, or consolidation that is not accompanied by a 8 certificate of the treasurer that each tract or parcel is free 9 from certified taxes and certified special assessments or that 10 the land is free from certified taxes and that the certified 11 special assessments are secured by bond. 12 -2- LSB 1798XC (2) 90 md/jh 2/ 2