Text: HF00685 Text: HF00687 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 6B.56 DISPOSITION OF CONDEMNED 1 2 PROPERTY – STATE DEPARTMENT OF TRANSPORTATION. 1 3 1. If real property condemned pursuant to this chapter by 1 4 the state department of transportation is not used for the 1 5 purpose stated in the application filed pursuant to section 1 6 6B.3 and the condemner seeks to dispose of the real property, 1 7 the condemner shall first offer the property for sale to the 1 8 prior owner of the condemned property as provided in this 1 9 section. For purposes of this section, the prior owner of the 1 10 real property includes the successor in interest of the real 1 11 property. 1 12 2. Before the real property may be offered for sale to the 1 13 general public, the condemner shall notify the prior owner of 1 14 the real property condemned in writing of the condemner's 1 15 intent to dispose of the real property, the fair market value 1 16 of real property based on an appraisal by an independent 1 17 appraiser, and the prior owner's right to purchase the real 1 18 property within sixty days from the date the notice is served 1 19 at a price equal to the fair market value of the real 1 20 property. The notice sent by the condemner as provided in 1 21 this subsection shall be filed with the office of the recorder 1 22 in the county in which the real property is located. 1 23 3. If the prior owner elects to purchase the real property 1 24 at the price established in subsection 2, the prior owner 1 25 shall notify the condemner in writing of this intention and 1 26 file a copy of this notice with the office of the recorder in 1 27 the county in which the real property is located, before the 1 28 expiration of the sixty-day period. 1 29 4. The provisions of this section do not apply to the sale 1 30 of unused right-of-way property as provided in chapter 306. 1 31 Sec. 2. Section 306.23, Code 1997, is amended to read as 1 32 follows: 1 33 306.23 NOTICE – PREFERENCE OF SALE – USE OF UNUSED 1 34 RIGHT-OF-WAY FOR PUBLIC PURPOSE. 1 35 1.For the sale of unused right-of-way notice of intention2 1to sell the tract, parcel, or piece of land, or part thereof,2 2must be sent, not less than ten days prior to the sale, by2 3certified mail, by theThe agency in control ofthe land,a 2 4 tract, parcel, or piece of land, or part thereof, which is 2 5 unused right-of-way may use or transfer the land for another 2 6 public purpose. The agency shall, if the land is not used or 2 7 transferred for a public purpose, send by certified mail to 2 8 the last known address of the present owner of adjacent land 2 9 from which the tract, parcel, piece of land, or part thereof, 2 10 was originallyboughtpurchased or condemned for highway 2 11 purposes, andif located in a city, to the mayorto the person 2 12 who owned the land at the time it was purchased or condemned 2 13 for highway purposes, notice of the agency's intent to sell 2 14 the land, the name and address of any other person to whom a 2 15 notice was sent, and the fair market value of the real 2 16 property based upon an appraisal by an independent appraiser. 2 17 2. The notice shall give an opportunity to the present 2 18 owner of adjacent property and to the person who owned the 2 19 land at the time it was purchased or condemned for highway 2 20 purposes to be heard and make offers within sixty days of the 2 21 date the notice is mailed for the tract, parcel, or piece of 2 22 land to be sold, and if the offer is equal to. An offer which 2 23 equals or exceeds in amount any other offer received, itand 2 24 which equals or exceeds the fair market value of the property 2 25 shall be given preference by the agency in control of the 2 26 land.Neglect or failure for any reason, to comply with the2 27notice, does not prevent the giving of a clear title to the2 28purchaser of the tract, parcel, or piece of land.If no 2 29 offers are received within sixty days or if no offer equals or 2 30 exceeds the fair market value of the land, the agency shall 2 31 proceed with the sale of the property. 2 32 3. For the purposes of this section, "public purpose" 2 33 means the transfer to a state agency or a city, county, or 2 34 other political subdivision for a public purpose. 2 35 EXPLANATION 3 1 This bill provides that a present owner of land adjacent to 3 2 or a prior owner of real property condemned by the state 3 3 department of transportation shall be given 60 days to 3 4 reacquire that property if the condemner has not used the 3 5 property for the purpose of the condemnation and if the 3 6 department seeks to otherwise dispose of the property to the 3 7 public. The bill provides that the prior owner can reacquire 3 8 the property at the fair market value of the property. 3 9 The bill provides that the past owner who conveyed a parcel 3 10 of land which is an unused right-of-way or the current owner 3 11 of the adjacent land from which the parcel was purchased or 3 12 condemned may buy the parcel before it is offered for sale to 3 13 others unless the agency in control of the parcel transfers it 3 14 to a public entity for a public use. 3 15 The bill also provides an offer to purchase must be made 3 16 within 60 days of notification. The highest offer over the 3 17 fair market value of the parcel will be accepted. If no 3 18 offers are made, the parcel may be sold to anybody. 3 19 LSB 1390HV 77 3 20 mk/jj/8
Text: HF00685 Text: HF00687 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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