Text: HF02088 Text: HF02090 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 ofthe present1 7owner of adjacent land from which the tract, parcel, piece of1 8land, or part thereof, was originally purchased or condemned1 9for highway purposes, and tothe 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 and1 12address 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 opportunityto the present1 16owner of adjacent property andto 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 makeoffersan 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 exceeds1 21in amount any other offer received and which equals or exceeds1 22the fair market value of the property shall be given1 23preference by the agency in control of the land.If nooffers1 24areoffer 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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