Text: HF00001 Text: HF00003 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 306.10, Code 1997, is amended to read 1 2 as follows: 1 3 306.10 POWER TO ESTABLISH, ALTER, OR VACATE; RIGHT OF 1 4 ACCESS. 1 5 1. In the construction, improvement, operation, or 1 6 maintenance ofanya highway, or highway system, the agency 1 7 which has control and jurisdiction oversuchthe highway or 1 8 highway system, shall have power, on its own motion, to alter 1 9 or vacate and closeany suchthe highway or any railroad 1 10 crossingthereonon the highway, and to establish new highways 1 11 or railroad crossingthereonon the highways which are or are 1 12 intended to become a part of the highway system over which 1 13saidthe agency has jurisdiction and control, subject to other 1 14 provisions of this section. 1 15 2. If highway access to a business or dwelling would be 1 16 completely obstructed during the course of any such 1 17 construction, improvement, operation, or maintenance of a 1 18 highway or highway system, the agency shall provide for an 1 19 alternate access to the business or dwelling during the course 1 20 of the construction, improvement, operation, or maintenance. 1 21 This right of access shall be in addition to any other remedy 1 22 a property owner or occupant may have under law. If the 1 23 property owner and occupant and the agency cannot reach 1 24 agreement regarding the provision of alternate access, 1 25 objections by the property owner or occupant with respect to 1 26 the right of access shall be subject to the same hearing 1 27 process and procedures that permit a property owner to claim 1 28 damages or compensation for property and property rights taken 1 29 by an agency as provided in sections 306.32 through 306.35. 1 30 3. If the property owner or occupant and the agency cannot 1 31 reach agreement regarding changes in the width of the 1 32 permanent right of access to the property, before the 1 33 permanent right of access may be reduced in width, the agency 1 34 must prove by clear and convincing evidence that the change is 1 35 necessary for safety reasons. This evidence, and any 2 1 objections by the property owner or occupant, shall be subject 2 2 to the same hearing process and procedures that permit a 2 3 property owner to claim damages or compensation for property 2 4 and property rights taken by an agency as provided in sections 2 5 306.32 through 306.35. 2 6 EXPLANATION 2 7 This bill requires an agency that is performing road 2 8 construction to provide a means of alternate access to a 2 9 property if the construction obstructs the normal means of 2 10 access to the property. In addition, absent agreement with 2 11 the property owner and occupant regarding a reduction in width 2 12 of the permanent right of access to the property, the agency 2 13 must prove by clear and convincing evidence that the change is 2 14 necessary for safety reasons. If the agency and the property 2 15 owner and occupant cannot reach agreement regarding the 2 16 alternative or permanent access, a right for a hearing and an 2 17 appeal are provided. 2 18 The bill may include a state mandate as defined in section 2 19 25B.3. 2 20 LSB 1088HH 77 2 21 jls/sc/14
Text: HF00001 Text: HF00003 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Feb 25 03:40:32 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00000/HF00002/970113.html
jhf