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House Journal: Page 1070: Wednesday, March 29, 1995

 4     "Section 1.  NEW SECTION.  651A.1  WHO MAY BRING
 5   ACTION.
 6     An action to recover just compensation for an
 7   inverse condemnation of private farm property may be
 8   brought by any person having an ownership interest in
 9   the private farm property.
10     Sec. 2.  NEW SECTION.  651A.2  DEFINITIONS.
11     As used in this chapter, unless the context
12   otherwise requires:
13     1.  "Constitutional taking" means that due to a
14   governmental action, private farm property is taken in
15   such a manner that compensation to the owner is
16   required by either the fifth or fourteenth amendment
17   to the Constitution of the United States, or article
18   I, section 18, of the Constitution of the State of
19   Iowa.
20     2.  "Farm operation" means a condition or activity
21   which occurs on a farm in connection with the
22   production of agricultural commodities, including, but
23   not limited to, the raising, harvesting, drying, or
24   storage of crops; the maintenance of pasture or
25   grassland; the care or feeding of livestock including
26   poultry; the handling or transportation of crops or
27   livestock including poultry; the production of eggs or
28   milk; the production of fruit or other horticultural
29   crops; the treatment or disposal of wastes resulting
30   from livestock; the creation of noise, odor, dust, or
31   fumes; the operation of machinery and irrigation
32   pumps; ground and aerial seeding and spraying; the
33   application of pesticides as defined in section 206.2;
34   and the employment and use of labor.
35     3.  a.  "Governmental action" means any of the
36   following:
37     (1)  Rules of a state agency adopted pursuant to
38   chapter 17A that, if enforced against private farm
39   property, would directly limit the use of private farm
40   property.
41     (2)  Conditions, requirements, or limitations for
42   licenses or permits issued or granted by a state
43   agency which, if applied to private farm property,
44   directly limits the use of the private farm property.
45     (3)  Required dedications or exactions from owners
46   of private farm property by a state agency.
47     b.  "Governmental action" does not include any of
48   the following:
49     (1)  Activities as to which the power of eminent
50   domain is formally exercised.
Page 2  
 1     (2)  The repeal or amendment of rules which results
 2   in the discontinuation of government programs or
 3   changes to rules which lessen the interference with
 4   the use of private farm property.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01000/01070.html
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