Text: HF02088                           Text: HF02090
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2089

Partial Bill History

Bill Introduced: H.J. 75
Committee Report Issued: H.J. 240
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 306.23, Code Supplement 1997, is
  1  2 amended to read as follows:
  1  3    306.23  NOTICE – PREFERENCE OF SALE.
  1  4    1.  The agency in control of a tract, parcel, or piece of
  1  5 land, or part thereof, which is unused right-of-way shall send
  1  6 by certified mail to the last known address of the present
  1  7 owner of adjacent land from which the tract, parcel, piece of
  1  8 land, or part thereof, was originally purchased or condemned
  1  9 for highway purposes, and to the person who owned the land at
  1 10 the time it was purchased or condemned for highway purposes,
  1 11 notice of the agency's intent to sell the land, the name and
  1 12 address of any other person to whom a notice was sent, and the
  1 13 fair market value of the real property based upon an appraisal
  1 14 by an independent appraiser.
  1 15    2.  The notice shall give an opportunity to the present
  1 16 owner of adjacent property and to the person who owned the
  1 17 land at the time it was purchased or condemned for highway
  1 18 purposes to be heard and make offers an offer within sixty
  1 19 days of the date the notice is mailed for the tract, parcel,
  1 20 or piece of land to be sold.  An offer which equals or exceeds
  1 21 in amount any other offer received and which equals or exceeds
  1 22 the fair market value of the property shall be given
  1 23 preference by the agency in control of the land.  If no offers
  1 24 are offer is received within sixty days or if no offer equals
  1 25 or exceeds the fair market value of the land, the agency shall
  1 26 transfer the land for a public purpose or proceed with the
  1 27 sale of the property.
  1 28    3.  For the purposes of this section, "public purpose"
  1 29 means the transfer to a state agency or a city, county, or
  1 30 other political subdivision for a public purpose.  
  1 31                           EXPLANATION
  1 32    This bill eliminates the ability of the present owner of
  1 33 land adjacent to unused right-of-way property condemned or
  1 34 purchased for highway purposes which is to be sold by the
  1 35 agency who had acquired the property to make an offer to
  2  1 acquire the property prior to the agency offering the property
  2  2 to the public.  The bill does not eliminate the ability of the
  2  3 prior owner of the unused property from making an offer on the
  2  4 property at or above the property's fair market value prior to
  2  5 the agency who acquired the property offering the property to
  2  6 the public.  
  2  7 LSB 3104YH 77
  2  8 ec/cf/24

Text: HF02088                           Text: HF02090
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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