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House Journal: Page 1275: Wednesday, April 5, 1995

28   the department's statutory authority.
29     5.  "Real farm property" means real property which
30   is privately owned and used for agricultural purposes.
31     Sec. 3.  NEW SECTION.  17B.3  LEGISLATIVE FINDINGS
32   AND PURPOSE.
33     It is the policy of this state that an action taken
34   by the department which affects real property which is
35   privately owned and used for agricultural purposes is
36   subject to the full protection afforded by the
37   Constitution of the United States and the Constitution
38   of the State of Iowa.  The general assembly intends
39   that the department follow all procedures required to
40   ensure constitutional protection of real farm property
41   rights and reduce the burden on citizens, local
42   governments, and this state caused by actions
43   affecting real farm property, while also meeting its
44   obligation to protect the quality of this state's
45   natural environment.
46     The purpose of this chapter is to establish an
47   orderly, consistent process that better enables the
48   department to evaluate how a potential administrative
49   action may affect real farm property.  It is not the
50   purpose of this chapter to reduce or expand the scope

Page 2  

 1   of private property protection provided in the
 2   Constitution of the United States and the Constitution
 3   of the State of Iowa, as those provisions have been
 4   and may in the future be interpreted by state and
 5   federal courts of competent jurisdiction.
 6     Sec. 4.  NEW SECTION.  17B.4  ACTIONS REQUIRING
 7   DEPARTMENTAL ASSESSMENT.
 8     1.  If the department proposes taking any action
 9   that is reasonably likely to deprive an owner of a fee
10   simple interest in real farm property, or deprives an
11   owner of all productive use of the real farm property,
12   the department shall prepare an assessment that
13   includes all of the following:
14     a.  An identification of the risk created by the
15   use of the owner's real farm property to the public,
16   and a description of the goal achieved by the proposed
17   departmental action, which may include advancing a
18   public benefit or preventing a risk to the public
19   welfare, including preservation of the natural
20   environment, or protection of public health or safety.
21     b.  The anticipated effects, if any, on the public,
22   including other persons holding an interest in real
23   property, or on the natural environment, if the
24   department does not take the proposed departmental
25   action.
26     c.  An explanation justifying why the proposed
27   departmental action advances a public benefit or
28   prevents a risk to the public welfare.
29     d.  An explanation justifying why the proposed

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/01200/01275.html
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