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PAG LIN
1 1 Amend House File 166 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 651A.1 WHO MAY BRING
1 5 ACTION.
1 6 An action to recover just compensation for an
1 7 inverse condemnation of private farm property may be
1 8 brought by any person having an ownership interest in
1 9 the private farm property.
1 10 Sec. 2. NEW SECTION. 651A.2 DEFINITIONS.
1 11 As used in this chapter, unless the context
1 12 otherwise requires:
1 13 1. "Constitutional taking" means that due to a
1 14 governmental action, private farm property is taken in
1 15 such a manner that compensation to the owner is
1 16 required by either the fifth or fourteenth amendment
1 17 to the Constitution of the United States, or article
1 18 I, section 18, of the Constitution of the State of
1 19 Iowa.
1 20 2. "Farm operation" means a condition or activity
1 21 which occurs on a farm in connection with the
1 22 production of agricultural commodities, including, but
1 23 not limited to, the raising, harvesting, drying, or
1 24 storage of crops; the maintenance of pasture or
1 25 grassland; the care or feeding of livestock including
1 26 poultry; the handling or transportation of crops or
1 27 livestock including poultry; the production of eggs or
1 28 milk; the production of fruit or other horticultural
1 29 crops; the treatment or disposal of wastes resulting
1 30 from livestock; the creation of noise, odor, dust, or
1 31 fumes; the operation of machinery and irrigation
1 32 pumps; ground and aerial seeding and spraying; the
1 33 application of pesticides as defined in section 206.2;
1 34 and the employment and use of labor.
1 35 3. a. "Governmental action" means any of the
1 36 following:
1 37 (1) Rules of a state agency adopted pursuant to
1 38 chapter 17A that, if enforced against private farm
1 39 property, would directly limit the use of private farm
1 40 property.
1 41 (2) Conditions, requirements, or limitations for
1 42 licenses or permits issued or granted by a state
1 43 agency which, if applied to private farm property,
1 44 directly limits the use of the private farm property.
1 45 (3) Required dedications or exactions from owners
1 46 of private farm property by a state agency.
1 47 b. "Governmental action" does not include any of
1 48 the following:
1 49 (1) Activities as to which the power of eminent
1 50 domain is formally exercised.
2 1 (2) The repeal or amendment of rules which results
2 2 in the discontinuation of government programs or
2 3 changes to rules which lessen the interference with
2 4 the use of private farm property.
2 5 (3) Law enforcement activities involving seizure
2 6 or forfeiture of private farm property for violations
2 7 of law or for use as evidence in criminal proceedings.
2 8 (4) Orders that are authorized by statute, are
2 9 issued by a state agency or court, and result from the
2 10 violation of a state law.
2 11 (5) A rule or regulation required to be adopted by
2 12 the state pursuant to federal law.
2 13 (6) A rule, regulation, or requirement adopted by
2 14 a municipality, as defined by section 670.1.
2 15 (7) A rule, regulation, or requirement adopted by
2 16 a county including, but not limited to, county
2 17 legislation as provided in section 331.302.
2 18 4. "Inverse condemnation" means an action to
2 19 recover just compensation for a constitutional or
2 20 regulatory taking of private farm property.
2 21 5. "Private farm property" means any real property
2 22 suitable for use in a farm operation, including farm
2 23 dwellings, improvements, and buildings or structures
2 24 incidental to farm operations, in this state that is
2 25 owned by a person other than the state, a political
2 26 subdivision, or other governmental entity and if the
2 27 property is protected pursuant to either the fifth or
2 28 fourteenth amendment to the Constitution of the United
2 29 States, or article I, section 18, of the Constitution
2 30 of the State of Iowa.
2 31 6. "Regulatory taking" means government action
2 32 that reduces the fair market value of the private farm
2 33 property by more than fifty percent.
2 34 Sec. 3. NEW SECTION. 651A.3 JURISDICTION.
2 35 An action for inverse condemnation shall be brought
2 36 in the county where the private farm property alleged
2 37 to be subject to an inverse condemnation is located.
2 38 The action shall be tried by ordinary proceedings.
2 39 Sec. 4. NEW SECTION. 651A.4 VERDICT &endash; SPECIAL.
2 40 The verdict shall initially indicate whether the
2 41 plaintiff is entitled to recover for an inverse
2 42 condemnation of the plaintiff's private farm property.
2 43 If the plaintiff is entitled to recover, the verdict
2 44 shall then indicate the amount of the reduction in the
2 45 fair market value of the plaintiff's private farm
2 46 property due to the inverse condemnation and any
2 47 economic losses sustained by the plaintiff due to the
2 48 inverse condemnation from the time the government
2 49 action is taken until suit was brought. The reduction
2 50 in fair market value shall be shown by specifying the
3 1 fair market value of the plaintiff's private farm
3 2 property prior to or absent the constitutional or
3 3 regulatory taking and by indicating the percentage
3 4 reduction in value caused by the constitutional or
3 5 regulatory taking.
3 6 Sec. 5. NEW SECTION. 651A.5 JUDGMENT.
3 7 1. If the special verdict indicates the plaintiff
3 8 is not entitled to recover, the district court shall
3 9 enter judgment for the defendant.
3 10 2. If the special verdict indicates the plaintiff
3 11 is entitled to recover, the district court shall enter
3 12 an order acknowledging the special verdict. Within
3 13 forty-five days following the expiration of time for
3 14 appeal or issuance of procedendo following appeal, the
3 15 defendant shall file a notice of election with the
3 16 district court indicating whether or not the defendant
3 17 will agree to rescind the government action
3 18 constituting the constitutional or regulatory taking.
3 19 If the defendant elects to agree to rescind the
3 20 government action, the district court shall enter
3 21 judgment accordingly and award the plaintiff damages
3 22 equal to the economic loss indicated in the special
3 23 verdict. If the defendant does not elect to rescind
3 24 the government action, the district court shall enter
3 25 a judgment for damages equal to the percentage
3 26 reduction in the fair market value of the property.
3 27 In a case where judgment for the full fair market
3 28 value is entered and paid, the defendant shall obtain
3 29 title to the property.
3 30 The district court shall order the payment of all
3 31 costs and reasonable attorney fees to any party
3 32 successfully establishing an inverse condemnation
3 33 pursuant to this chapter.
3 34 Sec. 6. NEW SECTION. 651A.6 REMEDY NOT
3 35 EXCLUSIVE.
3 36 This chapter does not prevent a party from seeking
3 37 to recover just compensation for a constitutional
3 38 taking in any other manner allowed by law.
3 39 Sec. 7. NEW SECTION. 651A.7 WAIVER OF RIGHTS
3 40 VOID.
3 41 An agreement by a person having an ownership
3 42 interest to waive or otherwise release the rights
3 43 under this chapter as a condition of obtaining
3 44 government action is void unless it is in settlement
3 45 of a legal claim brought under the provisions of this
3 46 chapter.
3 47 Sec. 8. NEW SECTION. 651A.8 APPLICABILITY.
3 48 This chapter applies only to government action
3 49 adopted or enforced on or after July 1, 1995."
3 50
4 1
4 2
4 3 COMMITTEE ON AGRICULTURE
4 4 EDDIE of Buena Vista, Chairperson
4 5 HF 166.702 76
4 6 da/sc
Text: H03326 Text: H03328 Text: H03300 - H03399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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