This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1276: Wednesday, April 5, 1995

30   departmental action is likely to result in requiring
31   the state, under applicable constitutional principles
32   and judicial opinions, to compensate the owner of the
33   real farm property, including a description of how the
34   proposed departmental action affects the use or value
35   of the real farm property.
36     e.  Alternatives, if any, to the proposed
37   departmental action that the department believes will
38   fulfill the legal obligations of the department,
39   reduce the impact on the real farm property, and
40   reduce the likelihood of requiring compensation.
41     f.  An estimate of the cost to the state for
42   compensation in the event such compensation is
43   required.
44     2.  An assessment is not required under this
45   section, unless the Iowa supreme court, the Iowa court
46   of appeals, or the United States supreme court has,
47   under similar factual circumstances, required
48   compensation to be paid.
49     3.  If the department finds an immediate threat to
50   human health or safety that constitutes an emergency

Page   3

 1   and requires an immediate response, the assessment
 2   required by this section may be delayed until after
 3   the emergency response is completed.  As used in this
 4   subsection, "emergency response" includes a rule of an
 5   emergency nature adopted under section 17A.4,
 6   subsection 2, or made effective under the provisions
 7   of section 17A.5, subsection 2, paragraph "b", or an
 8   order issued by the department requiring the owner to
 9   cease and desist.  The rule or order shall provide an
10   explanation for the emergency response.
11     4.  This section shall not apply to a proposed
12   departmental action which is one of the following:
13     a.  A licensing or permitting condition,
14   requirement, or limitation involving the use of real
15   farm property, required pursuant to state or federal
16   statute, a federal regulation, or a rule adopted
17   pursuant to chapter 17A.
18     b.  The adoption of rules under chapter 17A that is
19   reasonably likely to limit the use of real farm
20   property, required pursuant to a state or federal
21   statute, a federal regulation, or a rule adopted
22   pursuant to chapter 17A.
23     c.  An enforcement action carried out by the
24   department pursuant to a state or federal statute, a
25   federal regulation, or a rule adopted pursuant to
26   chapter 17A.
27     5.  An assessment made pursuant to this section is
28   a public record as provided in chapter 22.
29     Sec. 5.  NEW SECTION.  17B.5  SPECIAL REQUIREMENTS
30   -- CREATION OF BUFFER ZONES.

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/01200/01276.html
jhf