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PAG LIN 1 1 Section 1. NEW SECTION. 6B.6 ENTRY UPON PRIVATE PROPERTY 1 2 TO EVALUATE. 1 3 1. The state or a county or city, after thirty days' 1 4 written notice by restricted certified mail addressed to the 1 5 owner and also to any occupants, may enter private property 1 6 considered for acquisition for conducting surveys, drillings, 1 7 samplings, appraisals, examinations, assessments, or studies 1 8 for the purposes provided in this section. 1 9 2. The entry by the state, county, or city shall be 1 10 conducted for the purpose of determining any of the following: 1 11 a. The value of the property. 1 12 b. The advisability or feasibility of constructing public 1 13 improvements on the property or making use of the property for 1 14 any public purpose. 1 15 c. The suitability of the property for public use from an 1 16 environmental perspective. 1 17 d. Whether gravel or other material exists on the property 1 18 of suitable quality and sufficient quantity to warrant 1 19 acquisition of the property. 1 20 3. The entry, after proper notice, shall not be deemed a 1 21 trespass, and the state, county, or city may be aided by 1 22 injunction to ensure peaceful entry. The state, county, or 1 23 city shall pay actual damages caused by the entry. The 1 24 damages shall be determined by agreement or in the manner 1 25 provided for the award of damages in condemnation proceedings. 1 26 Sec. 2. Section 6B.24, Code 1995, is amended to read as 1 27 follows: 1 28 6B.24 REDUCTION OF DAMAGES &endash; INTEREST ON INCREASED AWARD. 1 29 If the amount of damages awarded by the commissioners is 1 30 decreased onthe trial of theappeal, the reduced amountonly1 31 shall be paid to the landowner. If the amount of damages 1 32 awarded by the commissioners is increased on appeal, interest 1 33 shall be paid from the date of the condemnation. Interest 1 34 shall not be paid on any amount which was previously paid. 1 35 Interest shall be calculated at an annual rate equal to the 2 1 coupon issue yield equivalent, as determined by the United 2 2 States secretary of the treasury, of the average accepted 2 3 auction price for the last auction of fifty-two-week United 2 4 States treasury bills settled immediately before the date of 2 5 the award. 2 6 Sec. 3. Section 306.19, subsection 5, paragraph a, Code 2 7 1995, is amended to read as follows: 2 8 a. The department may notify a city or county that a road 2 9 under the jurisdiction or control of the department will be 2 10 established, improved, relocated, or maintained and that the 2 11 department may need to acquire additional right-of-way or 2 12 property rights within an area described by the department. 2 13 The notice shall include a depiction of the area on a map 2 14 provided by the city, county, or the department. This notice 2 15 shall be valid for a period of three years from the date of 2 16 notification to the city or county and may be refiled by the 2 17 departmentfor an additional three-year periodevery three 2 18 years. Within seven days of filing the notice, the department 2 19 shall publish in a newspaper of public record a description 2 20 and map of the area and a description of the potential 2 21 restrictions applied to the city or county with respect to the 2 22 granting of building permits, approving of subdivision plats, 2 23 or zoning changes within the area. 2 24 Sec. 4. Section 306C.11, unnumbered paragraph 1, Code 2 25 1995, is amended to read as follows: 2 26 Subject to theprovisionprovisions made in section 306C.13 2 27 regarding control of bonus interstate highways and section 2 28 306C.11A regarding scenic highways or byways,noan 2 29 advertising device shall not be erected or maintained within 2 30 any adjacent areaas defined in section 306C.10, or on the 2 31right of wayright-of-way of any primary highway, except the 2 32 following: 2 33 Sec. 5. NEW SECTION. 306C.11A SCENIC HIGHWAY 2 34 ADVERTISING. 2 35 Advertising devices erected or maintained within the 3 1 adjacent area and in the right-of-way of any interstate or 3 2 primary highway designated as a scenic highway or scenic byway 3 3 pursuant to chapter 306D shall be limited to advertising 3 4 devices identified in section 306C.11, subsections 1, 2, 4, 3 5 and 5. 3 6 Sec. 6. REPEAL. Section 314.9, Code 1995, is repealed. 3 7 EXPLANATION 3 8 Section 1 of this bill allows the state, or a city or 3 9 county to enter private property that the governmental entity 3 10 is considering acquiring through condemnation for the purpose 3 11 of conducting tests of the property through surveys, 3 12 drillings, samplings, and other assessments. The section 3 13 provides that the testing be for the purpose of determining 3 14 the value of the property, the feasibility of using the 3 15 property for public purposes, whether there are any 3 16 environmental concerns about the property, or whether there is 3 17 sufficient gravel or other material to warrant acquisition of 3 18 the property. Code section 314.9, repealed by section 6 of 3 19 the bill, permits testing by the state department of 3 20 transportation when acquiring property for the construction of 3 21 a highway and limits that testing if it is done within a 3 22 certain distance of a dwelling house or other buildings. 3 23 Section 2 amends section 6B.24 to provide for a market- 3 24 based interest rate for condemnation damages rather than the 3 25 current rate of 10 percent. In addition, it provides that 3 26 interest on an award which has been determined on appeal to be 3 27 greater than the amount set by the compensation commission 3 28 should be accrued from the date of condemnation rather than 3 29 from the date of the commencement of the action as provided in 3 30 section 535.3. 3 31 Current law provides that the state department of 3 32 transportation may notify a county or city that a road under 3 33 the department's jurisdiction will be established, improved, 3 34 relocated, or maintained and that the department may need to 3 35 acquire additional right-of-way. The notice is valid for 4 1 three years from the date of notification and can be refiled 4 2 by the department for an additional three-year period. 4 3 Section 3 amends section 306.19 to provide that the department 4 4 can refile this notice every three years. 4 5 Sections 4 and 5 provide that the only permissible 4 6 advertising devices along a scenic byway or scenic highway, as 4 7 designated pursuant to chapter 306D, are those devices 4 8 specified in section 306C.11, subsections 1, 2, 4, and 5. 4 9 Currently, as provided in section 306C.11, subsection 3, 4 10 advertising devices are permitted along highways, including 4 11 scenic byways or highways, in commercial or industrial zones 4 12 or in unzoned commercial or industrial areas. 4 13 Section 306C.15 provides for the acquisition by the state 4 14 department of transportation of certain nonconforming 4 15 advertising devices. 4 16 BACKGROUND STATEMENT 4 17 SUBMITTED BY THE AGENCY 4 18 Sections 1 and 6: Testing and assessment of proposed state 4 19 and local government land purchases is necessary to determine 4 20 if there are hazardous materials in the soil and other 4 21 information which can influence a purchase decision. Current 4 22 Code section 314.9 authorizes the state department of 4 23 transportation access to private property for testing with 4 24 notice regardless of the owner's permission, providing for 4 25 payment for any damages, but limits access to 330 feet of any 4 26 building. This limit is a barrier to appropriate testing, 4 27 especially in urban areas. Section 1 proposes to provide 4 28 testing access for state and local government without 4 29 restriction to proximity of buildings. Section 6 repeals 4 30 section 314.9 which would be unnecessary with passage of 4 31 section 1 of this bill. 4 32 Section 2: After surveying all 50 states, the federal 4 33 highway administration recommended that any state with an 4 34 interest rate of 8 percent or more establish a market-based 4 35 interest rate for condemnation awards. Currently, Iowa has a 5 1 fixed rate of 10 percent for awards that exceed the amount of 5 2 deposit, providing incentive for a property owner to defer 5 3 settlement. Establishing a market-base interest rate ensures 5 4 all parties are protected by the market and economic 5 5 conditions. 5 6 Section 3: Current law provides that corridor preservation 5 7 expires after three years and may be renewed. This has been 5 8 interpreted to mean it can be renewed only once, although no 5 9 such limit was intended by the legislature. This amendment 5 10 clarifies the original intent to allow for multiple renewals 5 11 of a corridor preservation notice. 5 12 Sections 4 and 5: The federal highway administration 5 13 notified the state department of transportation that Iowa's 5 14 current advertising control laws (Iowa Code chapter 306C) does 5 15 not comply with 23 U.S.C. } 131(s) regarding scenic byway 5 16 prohibition which requires control of any sign, display, or 5 17 device on such a highway. Not complying could have an adverse 5 18 affect on future scenic byway grant requests according to the 5 19 federal highway administration. These amendments will put 5 20 Iowa in compliance with federal law. 5 21 LSB 1166DP 76 5 22 ec/jw/5
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