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House Journal: Page 1071: Wednesday, March 29, 1995

 5     (3)  Law enforcement activities involving seizure
 6   or forfeiture of private farm property for violations
 7   of law or for use as evidence in criminal proceedings.
 8     (4)  Orders that are authorized by statute, are
 9   issued by a state agency or court, and result from the
10   violation of a state law.
11     (5)  A rule or regulation required to be adopted by
12   the state pursuant to federal law.
13     (6)  A rule, regulation, or requirement adopted by
14   a municipality, as defined by section 670.1.
15     (7)  A rule, regulation, or requirement adopted by
16   a county including, but not limited to, county
17   legislation as provided in section 331.302.
18     4.  "Inverse condemnation" means an action to
19   recover just compensation for a constitutional or
20   regulatory taking of private farm property.
21     5.  "Private farm property" means any real property
22   suitable for use in a farm operation, including farm
23   dwellings, improvements, and buildings or structures
24   incidental to farm operations, in this state that is
25   owned by a person other than the state, a political
26   subdivision, or other governmental entity and if the
27   property is protected pursuant to either the fifth or
28   fourteenth amendment to the Constitution of the United
29   States, or article I, section 18, of the Constitution
30   of the State of Iowa.
31     6.  "Regulatory taking" means government action
32   that reduces the fair market value of the private farm
33   property by more than fifty percent.
34     Sec. 3.  NEW SECTION.  651A.3  JURISDICTION.
35     An action for inverse condemnation shall be brought
36   in the county where the private farm property alleged
37   to be subject to an inverse condemnation is located.
38   The action shall be tried by ordinary proceedings.
39     Sec. 4.  NEW SECTION.  651A.4  VERDICT -- SPECIAL.
40     The verdict shall initially indicate whether the
41   plaintiff is entitled to recover for an inverse
42   condemnation of the plaintiff's private farm property.
43   If the plaintiff is entitled to recover, the verdict
44   shall then indicate the amount of the reduction in the
45   fair market value of the plaintiff's private farm
46   property due to the inverse condemnation and any
47   economic losses sustained by the plaintiff due to the
48   inverse condemnation from the time the government
49   action is taken until suit was brought.  The reduction
50   in fair market value shall be shown by specifying the
Page 3
 1   fair market value of the plaintiff's private farm
 2   property prior to or absent the constitutional or
 3   regulatory taking and by indicating the percentage
 4   reduction in value caused by the constitutional or
 5   regulatory taking.

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/01000/01071.html
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