Text: H03509 Text: H03511 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-3327, to House File 166 as
1 2 follows:
1 3 #1. By striking page 1, line 4, through page 3,
1 4 line 49, and inserting the following:
1 5 ""Section 1. NEW SECTION. 17B.1 SHORT TITLE.
1 6 This chapter shall be known and may be cited as the
1 7 "Agricultural Property Protection Act."
1 8 Sec. 2. NEW SECTION. 17B.2 DEFINITIONS.
1 9 As used in this section, unless the context
1 10 otherwise requires:
1 11 1. "Buffer zone" means a permanent area, including
1 12 an erosion control structure or an erosion control
1 13 practice, which separates agricultural uses from a
1 14 water source, in order to mitigate the effects of
1 15 concentrated runoff on water quality.
1 16 2. "Department" means the department of natural
1 17 resources as created pursuant to section 455A.2.
1 18 3. "Owner" means a person other than a
1 19 governmental entity, who holds a fee simple interest
1 20 in real farm property.
1 21 4. "Proposed departmental action" means an action
1 22 which an agency proposes to initiate by filing a
1 23 notice of intended action pursuant to section 17A.4,
1 24 or by issuing an order pursuant to chapter 17A,
1 25 regardless of whether the action has general or
1 26 specific applicability, if the action implements,
1 27 interprets, or prescribes law or policy, and is within
1 28 the department's statutory authority.
1 29 5. "Real farm property" means real property which
1 30 is privately owned and used for agricultural purposes.
1 31 Sec. 3. NEW SECTION. 17B.3 LEGISLATIVE FINDINGS
1 32 AND PURPOSE.
1 33 It is the policy of this state that an action taken
1 34 by the department which affects real property which is
1 35 privately owned and used for agricultural purposes is
1 36 subject to the full protection afforded by the
1 37 Constitution of the United States and the Constitution
1 38 of the State of Iowa. The general assembly intends
1 39 that the department follow all procedures required to
1 40 ensure constitutional protection of real farm property
1 41 rights and reduce the burden on citizens, local
1 42 governments, and this state caused by actions
1 43 affecting real farm property, while also meeting its
1 44 obligation to protect the quality of this state's
1 45 natural environment.
1 46 The purpose of this chapter is to establish an
1 47 orderly, consistent process that better enables the
1 48 department to evaluate how a potential administrative
1 49 action may affect real farm property. It is not the
1 50 purpose of this chapter to reduce or expand the scope
2 1 of private property protection provided in the
2 2 Constitution of the United States and the Constitution
2 3 of the State of Iowa, as those provisions have been
2 4 and may in the future be interpreted by state and
2 5 federal courts of competent jurisdiction.
2 6 Sec. 4. NEW SECTION. 17B.4 ACTIONS REQUIRING
2 7 DEPARTMENTAL ASSESSMENT.
2 8 1. If the department proposes taking any action
2 9 that is reasonably likely to deprive an owner of a fee
2 10 simple interest in real farm property, or deprives an
2 11 owner of all productive use of the real farm property,
2 12 the department shall prepare an assessment that
2 13 includes all of the following:
2 14 a. An identification of the risk created by the
2 15 use of the owner's real farm property to the public,
2 16 and a description of the goal achieved by the proposed
2 17 departmental action, which may include advancing a
2 18 public benefit or preventing a risk to the public
2 19 welfare, including preservation of the natural
2 20 environment, or protection of public health or safety.
2 21 b. The anticipated effects, if any, on the public,
2 22 including other persons holding an interest in real
2 23 property, or on the natural environment, if the
2 24 department does not take the proposed departmental
2 25 action.
2 26 c. An explanation justifying why the proposed
2 27 departmental action advances a public benefit or
2 28 prevents a risk to the public welfare.
2 29 d. An explanation justifying why the proposed
2 30 departmental action is likely to result in requiring
2 31 the state, under applicable constitutional principles
2 32 and judicial opinions, to compensate the owner of the
2 33 real farm property, including a description of how the
2 34 proposed departmental action affects the use or value
2 35 of the real farm property.
2 36 e. Alternatives, if any, to the proposed
2 37 departmental action that the department believes will
2 38 fulfill the legal obligations of the department,
2 39 reduce the impact on the real farm property, and
2 40 reduce the likelihood of requiring compensation.
2 41 f. An estimate of the cost to the state for
2 42 compensation in the event such compensation is
2 43 required.
2 44 2. An assessment is not required under this
2 45 section, unless the Iowa supreme court, the Iowa court
2 46 of appeals, or the United States supreme court has,
2 47 under similar factual circumstances, required
2 48 compensation to be paid.
2 49 3. If the department finds an immediate threat to
2 50 human health or safety that constitutes an emergency
3 1 and requires an immediate response, the assessment
3 2 required by this section may be delayed until after
3 3 the emergency response is completed. As used in this
3 4 subsection, "emergency response" includes a rule of an
3 5 emergency nature adopted under section 17A.4,
3 6 subsection 2, or made effective under the provisions
3 7 of section 17A.5, subsection 2, paragraph "b", or an
3 8 order issued by the department requiring the owner to
3 9 cease and desist. The rule or order shall provide an
3 10 explanation for the emergency response.
3 11 4. This section shall not apply to a proposed
3 12 departmental action which is one of the following:
3 13 a. A licensing or permitting condition,
3 14 requirement, or limitation involving the use of real
3 15 farm property, required pursuant to state or federal
3 16 statute, a federal regulation, or a rule adopted
3 17 pursuant to chapter 17A.
3 18 b. The adoption of rules under chapter 17A that is
3 19 reasonably likely to limit the use of real farm
3 20 property, required pursuant to a state or federal
3 21 statute, a federal regulation, or a rule adopted
3 22 pursuant to chapter 17A.
3 23 c. An enforcement action carried out by the
3 24 department pursuant to a state or federal statute, a
3 25 federal regulation, or a rule adopted pursuant to
3 26 chapter 17A.
3 27 5. An assessment made pursuant to this section is
3 28 a public record as provided in chapter 22.
3 29 Sec. 5. NEW SECTION. 17B.5 SPECIAL REQUIREMENTS
3 30 &endash; CREATION OF BUFFER ZONES.
3 31 1. If a proposed departmental action requires the
3 32 creation of a buffer zone, the department shall
3 33 prepare a report which shall identify the public
3 34 purpose or policy which is serviced by the creation of
3 35 the buffer zone and how the creation and maintenance
3 36 of the buffer zone will promote or meet that public
3 37 purpose or policy. The report shall be in addition to
3 38 any other assessment required pursuant to this
3 39 chapter.
3 40 2. If the department finds an immediate threat to
3 41 human health or safety that constitutes an emergency
3 42 and requires an immediate response, the report
3 43 required by this section may be delayed until after
3 44 the emergency response is completed. As used in this
3 45 subsection, "emergency response" includes a rule of an
3 46 emergency nature adopted under section 17A.4,
3 47 subsection 2, or made effective under the provisions
3 48 of section 17A.5, subsection 2, paragraph "b", or an
3 49 order issued by the department requiring the owner to
3 50 cease and desist. The rule or order shall provide an
4 1 explanation for the emergency response.
4 2 3. An assessment made pursuant to this section is
4 3 a public record as provided in chapter 22.
4 4 Sec. 6. NEW SECTION. 17B.6 REMEDIES.
4 5 If a court determines that an owner is entitled to
4 6 be compensated under the Constitution of the United
4 7 States or the Constitution of the State of Iowa,
4 8 because of a departmental action affecting real farm
4 9 property, the court shall order the department to pay
4 10 the owner court costs, including reasonable attorney
4 11 fees, if the court determines either of the following
4 12 applies:
4 13 1. The department failed to perform an assessment
4 14 required pursuant to section 17B.4.
4 15 2. The department completed the assessment
4 16 required in section 17B.4, but unreasonably failed to
4 17 conclude that its action was reasonably likely to
4 18 require compensation to be paid to the owner.
4 19 Sec. 7. APPLICABILITY DATE. This Act applies to
4 20 governmental action taken or proposed on or after
4 21 ninety days following the effective date of this Act."
4 22 #2. Title page, by striking lines 1 through 4 and
4 23 inserting the following: "An Act relating to property
4 24 used for farming which is impacted by government
4 25 action and providing for the Act's applicability.""
4 26
4 27
4 28
4 29 WEIGEL of Chickasaw
4 30 HF 166.204 76
4 31 da/jj
Text: H03509 Text: H03511 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/03500/H03510/950327.html
jhf