Text: HF00262 Text: HF00264 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 263B.11 DISCLOSURE OF ANCIENT 1 2 BURIAL SITES. 1 3 The state archaeologist shall provide written notice to the 1 4 owner of real estate, other than real estate owned by a 1 5 governmental entity, if the state archaeologist has cause to 1 6 believe that an ancient human burial site exists on the real 1 7 estate. In order to identify the owner of real estate, the 1 8 state archaeologist may rely upon documents maintained by the 1 9 county where the real estate is located, including documents 1 10 listing real estate for purposes of taxation as provided in 1 11 chapter 428. The state archaeologist shall adopt rules 1 12 pursuant to chapter 17A in order to carry out this subsection, 1 13 including criteria for determining the existence of an ancient 1 14 human burial site. 1 15 Sec. 2. NEW SECTION. 558A.4A DECLARATION &endash; GRANTING 1 16 INTEREST IN REAL ESTATE WHERE ANCIENT BURIAL SITES ARE 1 17 LOCATED. 1 18 1. This section applies to real property subject to sale, 1 19 exchange, real estate contract, or any other grant of an 1 20 interest in real property, including but not limited to a 1 21 transfer. 1 22 2. A person, other than a governmental entity, interested 1 23 in granting an interest in real property, or a broker or 1 24 salesperson acting on behalf of the grantor, shall deliver a 1 25 declaration to the person interested in being granted the 1 26 interest as provided in this chapter, if the grantor knows or 1 27 reasonably should know that an ancient burial site, as 1 28 classified by the state archaeologist, exists on the real 1 29 property. The declaration shall state that the real property 1 30 may be the site of an ancient burial ground, and may include 1 31 other information determined relevant by the grantor. The 1 32 declaration shall be made in the same manner and according to 1 33 the same procedures as provided for a disclosure statement 1 34 under this chapter. The declaration may be attached to the 1 35 disclosure statement. The commission shall adopt uniform 2 1 forms which may be used by a grantor, broker, or salesperson. 2 2 However, a county recorder shall not file or record a 2 3 declaration. 2 4 Sec. 3. Section 558A.6, Code 1995, is amended to read as 2 5 follows: 2 6 558A.6 LIABILITY UNDER THE CHAPTER. 2 7 1. A person who violates this chapter shall be liable to a 2 8 transferee for the amount of actual damages suffered by the 2 9 transferee regarding a disclosure statement and report or 2 10 opinion, but subject to the following limitations: 2 111a. The transferor, or a broker or salesperson, shall not 2 12 be liable under this chapter for the error, inaccuracy, or 2 13 omission in information required in a disclosure statement, 2 14 unless that person has actual knowledge of the inaccuracy, or 2 15 fails to exercise ordinary care in obtaining the information. 2 162b. The person submitting a report or opinion within the 2 17 scope of the person's practice, profession, or expertise, as 2 18 provided in section 558A.4, for purposes of satisfying the 2 19 disclosure statement, shall not be liable under this chapter 2 20 for any matter other than a matter within the person's 2 21 practice, profession, or expertise, and which is required by 2 22 the disclosure statement, unless the person failed to use care 2 23 ordinary in the person's profession, practice, or area of 2 24 expertise in preparing the information. 2 25 2. A person who grants an interest in violation of section 2 26 558A.4A is liable to the person being granted the interest for 2 27 the amount of actual damages suffered by the grantee. 2 28 Sec. 4. Section 558A.8, Code 1995, is amended to read as 2 29 follows: 2 30 558A.8 VALIDITY OF A TRANSFER. 2 31 A transfer under this chapter, other than section 558A.4A, 2 32 shall not be invalidated solely because of a failure of a 2 33 person to comply with a provision of this chapter. A person 2 34 granting an interest in real property who does not receive a 2 35 declaration as required in section 558A.4A may rescind the 3 1 transaction in which the person was granted the interest 3 2 within two years from the date of the execution of the 3 3 transaction. 3 4 EXPLANATION 3 5 This bill relates to the regulation of burial grounds, 3 6 including ancient burial grounds and cemeteries. The bill 3 7 requires the state archaeologist to provide notice to the 3 8 owner of real estate, if the state archaeologist has cause to 3 9 believe that an ancient human burial site exists on the real 3 10 estate. The bill also provides that if the owner of real 3 11 estate is transferring an interest in real estate, the owner 3 12 must disclose to the person being transferred the interest, 3 13 the existence of an ancient human burial site which the owner 3 14 has cause to believe is located on the real property. An 3 15 owner who fails to make such a disclosure is liable for 3 16 damages. 3 17 LSB 2246HH 76 3 18 mj/cf/24
Text: HF00262 Text: HF00264 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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