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House Journal: Page 1177: Monday, April 3, 1995

 6   general, may bring an action in court in order to
 7   collect fees required to be paid as provided in
 8   section 204.3.
 9     Sec. ___.  NEW SECTION.  204.5  CLAIMS AGAINST THE
10   FUND.
11     1.  A county that has acquired real estate
12   containing a manure storage structure following
13   nonpayment of taxes pursuant to section 446.19 may
14   make a claim against the fund to pay the costs of
15   removing and disposing of the manure located in a
16   manure storage structure on the real estate.  Each
17   claim shall include a bid by a qualified person, other
18   than a governmental entity, to remove and dispose of
19   the manure for a fixed amount specified in the bid.
20     2.  The department shall determine if a claim is
21   eligible to be satisfied under this section, and do
22   one of the following:
23     a.  Pay the fixed amount specified in the bid
24   submitted by the county upon completion of the work.
25     b.  Obtain a lower fixed amount bid for the work
26   from another qualified person, other than a
27   governmental entity, and pay the fixed amount in this
28   bid upon completion of the work.  The department is
29   not required to comply with section 18.6 in
30   implementing this section.
31     3.  Upon a determination that the claim is eligible
32   for payment, the department shall provide for payment
33   of one hundred percent of the claim, as provided in
34   this section.  If at any time the department
35   determines that there are insufficient moneys to make
36   payment of all claims, the department shall pay claims
37   according to the date that the claims are received by
38   the department.  To the extent that a claim cannot be
39   fully satisfied, the department shall order that the
40   unpaid portion of the payment be deferred until the
41   claim can be satisfied.  However, the department shall
42   not satisfy claims from moneys dedicated for the
43   administration of the fund.
44     4.  In the event of payment of a claim under this
45   section, the fund is subrogated to the extent of the
46   amount of the payment to all rights, powers,
47   privileges, and remedies of the political subdivision
48   regarding the payment amount.  The county shall render
49   all necessary assistance to the department in securing
50   the rights granted in this section.  A case or

Page 5

 1   proceeding initiated by a county which involves a
 2   claim submitted to the department shall not be
 3   compromised or settled without the consent of the
 4   department.  A county shall not be eligible to submit
 5   a claim to the department if the county has

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/01100/01177.html
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