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House Journal: Page 1277: Wednesday, April 5, 1995

31     1.  If a proposed departmental action requires the
32   creation of a buffer zone, the department shall
33   prepare a report which shall identify the public
34   purpose or policy which is serviced by the creation of
35   the buffer zone and how the creation and maintenance
36   of the buffer zone will promote or meet that public
37   purpose or policy.  The report shall be in addition to
38   any other assessment required pursuant to this
39   chapter.
40     2.  If the department finds an immediate threat to
41   human health or safety that constitutes an emergency
42   and requires an immediate response, the report
43   required by this section may be delayed until after
44   the emergency response is completed.  As used in this
45   subsection, "emergency response" includes a rule of an
46   emergency nature adopted under section 17A.4,
47   subsection 2, or made effective under the provisions
48   of section 17A.5, subsection 2, paragraph "b", or an
49   order issued by the department requiring the owner to
50   cease and desist.  The rule or order shall provide an

Page   4

 1   explanation for the emergency response.
 2     3.  An assessment made pursuant to this section is
 3   a public record as provided in chapter 22.
 4     Sec. 6.  NEW SECTION.  17B.6  REMEDIES.
 5     If a court determines that an owner is entitled to
 6   be compensated under the Constitution of the United
 7   States or the Constitution of the State of Iowa,
 8   because of a departmental action affecting real farm
 9   property, the court shall order the department to pay
10   the owner court costs, including reasonable attorney
11   fees, if the court determines either of the following
12   applies:
13     1.  The department failed to perform an assessment
14   required pursuant to section 17B.4.
15     2.  The department completed the assessment
16   required in section 17B.4, but unreasonably failed to
17   conclude that its action was reasonably likely to
18   require compensation to be paid to the owner.
19     Sec. 7.  APPLICABILITY DATE.  This Act applies to
20   governmental action taken or proposed on or after
21   ninety days following the effective date of this Act."
22     2.  Title page, by striking lines 1 through 4 and
23   inserting the following:  "An Act relating to property
24   used for farming which is impacted by government
25   action and providing for the Act's applicability.""
Eddie of Buena Vista rose on a point of order that amendment
H-3510 was not germane, to the committee amendment H-3327.
The Speaker ruled the point well taken and amendment H-3510 not
germane, to the committee amendment H-3327.

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/01200/01277.html
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