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House Journal: Page 1340: Thursday, April 6, 1995

Page 8

 1   in a newspaper of general circulation in the district.
 2   The notice shall state the date, times, and location
 3   of the meeting and that the meeting is called for the
 4   purpose of electing one or more trustees to the board.
 5     Sec. 10.  NEW SECTION.  358C.10  TRUSTEE'S BOND.
 6     Each trustee, before entering upon the duties of
 7   office, shall execute a bond payable to the district,
 8   with security to be approved by the board of
 9   supervisors which had jurisdiction of the petition for
10   establishment of the district, in such form and amount
11   as the board of supervisors may determine, which bond
12   shall be filed with the county auditor of the county.
13     Sec. 11.  NEW SECTION.  358C.11  REAL ESTATE
14   IMPROVEMENT DISTRICT TO BE A BODY CORPORATE -- EMINENT
15   DOMAIN.
16     1.  Each district organized under this chapter
17   shall be a body corporate and politic, with the name
18   and style under which it was organized, and by that
19   name and style may sue and be sued, contract and be
20   contracted with, acquire and hold real and personal
21   property necessary for corporate purposes, adopt a
22   corporate seal and alter the same at pleasure, and
23   exercise all the powers conferred in this chapter.
24     2.  All courts of this state shall take judicial
25   notice of the existence of real estate improvement
26   districts organized under this chapter.
27     3.  A district shall not own or hold land in excess
28   of ten acres unless the land is actually used for a
29   public purpose within three years of its acquisition.
30   A district which owns or holds land in excess of ten
31   acres for more than three years without devoting it to
32   a public purpose as provided in this chapter shall
33   divest itself of the land by public auction to the
34   highest bidder.
35     4.  A district may acquire by purchase,
36   condemnation, or gift, real or personal property,
37   right-of-way, and easement within or without its
38   corporate limits necessary for its corporate purposes
39   specified in section 358C.3.
40     5.  If the board of trustees of the district decide
41   to make a public improvement pursuant to this chapter
42   which requires that private property be taken or
43   damaged, the board may exercise the power of eminent
44   domain.  The procedure to condemn property shall be
45   exercised in the manner provided in chapter 6B.
46     Sec. 12.  NEW SECTION.  358C.12  BOARD OF TRUSTEES
47   -- POWERS -- PROHIBITED ACTIONS.
48     1.  The board of trustees is the corporate
49   authority of the district and shall manage and control
50   the affairs and property of the district.  A majority

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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