Text: H08463                            Text: H08465
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8464

Amendment Text

PAG LIN
  1  1    Amend House File 2508 as follows:
  1  2    #1.  Page 1, by striking lines 3 through 8, and
  1  3 inserting the following:  "This section is intended to
  1  4 preserve agricultural land for agricultural production
  1  5 by preventing the unnecessary condemnation of
  1  6 agricultural land for economic development purposes
  1  7 without the consent of the owner and by preventing the
  1  8 use of condemnation for private development purposes.
  1  9 This section is not intended to prevent the
  1 10 rehabilitation of blighted areas in highly commercial
  1 11 or industrial areas within the corporate limits of a
  1 12 city."
  1 13    #2.  Page 1, line 12, by inserting after the word
  1 14 "condemnation." the following:  "However, the eminent
  1 15 domain authority provided in this chapter may be
  1 16 exercised for the purpose of acquiring agricultural
  1 17 land for industrial enterprise development without the
  1 18 consent of the landowner if the economic development
  1 19 board has approved the use of condemnation as provided
  1 20 in section 15.104, subsection 9."
  1 21    #3.  Page 1, by inserting after line 27, the
  1 22 following:
  1 23    "Sec. 100.  Section 15.104, Code 1997, is amended
  1 24 by adding the following new subsection:
  1 25    NEW SUBSECTION.  9.  Review all applications for
  1 26 approval to exercise the eminent domain authority
  1 27 granted under chapter 6A and determine whether the use
  1 28 of the authority is necessary.  The approval shall be
  1 29 granted upon a finding of necessity by the board.
  1 30 When making the determination, the board shall
  1 31 consider all of the following:
  1 32    a.  The feasibility of alternatives to acquiring
  1 33 the agricultural land other than by condemnation.
  1 34    b.  The public costs and benefits of locating the
  1 35 enterprise on the agricultural land.
  1 36    c.  The existence of a willing seller at another
  1 37 feasible location in the community.
  1 38    d.  The ability to adapt the industrial or
  1 39 community economic development plans to avoid the use
  1 40 of condemnation.
  1 41    e.  The existence of a specific industrial
  1 42 enterprise to be located on the agricultural land.
  1 43    The board may adopt rules pursuant to chapter 17A
  1 44 to implement this subsection."
  1 45    #4.  By striking page 2, line 30, through page 3,
  1 46 line 2, and inserting the following:  "requested by
  1 47 the owner.  This section is intended to preserve
  1 48 agricultural land for agricultural production by
  1 49 preventing the unnecessary condemnation of
  1 50 agricultural land for economic development purposes
  2  1 without the consent of the owner and by preventing the
  2  2 use of condemnation for private development purposes.
  2  3 This section is not intended to prevent the
  2  4 rehabilitation of blighted areas in highly commercial
  2  5 or industrial areas within the corporate limits of a
  2  6 city."
  2  7    #5.  Page 4, line 5, by striking the word and
  2  8 figure "and 4" and inserting the following:  "4, and
  2  9 100".
  2 10    #6.  By renumbering as necessary.  
  2 11 
  2 12 
  2 13                               
  2 14 VANDE HOEF of Osceola 
  2 15 HF 2508.301 77
  2 16 sc/cf/28
     

Text: H08463                            Text: H08465
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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