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House File 2241

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 352.2, Code 1997, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5A.  "Farmland preservation easement"
  1  4 means an easement in, servitude upon, restriction upon the use
  1  5 of, or other interest in real estate which is acquired by a
  1  6 county from the owner of farmland, if the easement is created
  1  7 for the purpose of preserving farmland for use in farm
  1  8 operations, as provided in section 352.14.
  1  9    Sec. 2.  NEW SECTION.  352.14  FARMLAND PRESERVATION
  1 10 EASEMENT.
  1 11    1.  A county may adopt an ordinance as provided in section
  1 12 331.302, which provides for the acquisition of farmland
  1 13 preservation easements for the purpose of preserving farmland
  1 14 for use in farm operations in the county.
  1 15    2.  A county may acquire the farmland preservation easement
  1 16 by gift, purchase, or exchange.  The county shall not acquire
  1 17 a farmland preservation easement through condemnation
  1 18 proceedings.  The county may only transfer the farmland
  1 19 preservation easement to another public body or nonprofit
  1 20 organization in order to carry out the purpose of this
  1 21 section.
  1 22    3.  A farmland preservation easement shall allow farmland
  1 23 to remain in private ownership for use in a farm operation,
  1 24 and at the same time, restrict and control the future uses of
  1 25 the farmland which may be incompatible with farm operations,
  1 26 according to terms and conditions agreed to by the county and
  1 27 the owner of the farmland subject to the easement, including
  1 28 but not limited to restricting, controlling, or prohibiting
  1 29 the subdivision of the farmland for industrial, commercial, or
  1 30 residential use.  The farmland preservation easement shall not
  1 31 restrict any use permitted in an agricultural area as provided
  1 32 in section 352.6.
  1 33    4.  A farmland preservation easement shall be perpetual
  1 34 unless expressly limited to a lesser term as negotiated by the
  1 35 county and the owner of the farmland, or unless released by
  2  1 the county or the holder of the easement upon approval by the
  2  2 county.  The ordinance may provide for the termination of the
  2  3 farmland preservation easement, including the repurchase of
  2  4 the farmland preservation easement.
  2  5    5.  The farmland preservation easement shall become
  2  6 effective and the farmland subject to the easement shall
  2  7 become a servient estate when an acknowledgment of the
  2  8 easement signed by an official designated by the county and
  2  9 the owner of the farmland is recorded and indexed in the
  2 10 office of the county recorder in the county where the farmland
  2 11 is located.
  2 12    6.  The acquisition of a farmland preservation easement
  2 13 shall not grant the public a right of access or right of use
  2 14 on the farmland which is subject to the easement.  The
  2 15 acquisition of a farmland preservation easement does not
  2 16 restrict any agency of the state or a political subdivision
  2 17 from acquiring land by condemnation for a public use unrelated
  2 18 to farmland preservation, as provided in chapter 6A.  If such
  2 19 farmland is condemned, the owner of the farmland shall be paid
  2 20 the full amount to which the owner would be entitled if the
  2 21 land was not subject to the farmland preservation easement
  2 22 less any amount paid by the county for the farmland
  2 23 preservation easement.
  2 24    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  2 25 immediate importance, takes effect upon enactment.  
  2 26                           EXPLANATION
  2 27    This bill amends Code chapter 352 which provides for county
  2 28 land preservation initiatives.  The bill authorizes a county
  2 29 to adopt an ordinance which provides for the acquisition of
  2 30 farmland preservation easements for the purpose of preserving
  2 31 farmland for use in farm operations in the county.  According
  2 32 to the bill, a farmland preservation easement allows farmland
  2 33 to remain in private ownership for use in a farm operation,
  2 34 and at the same time, restricts and controls the future uses
  2 35 of the farmland which are incompatible with farm operations,
  3  1 according to terms and conditions agreed to by the county and
  3  2 the titleholder of the land.  The bill provides that an
  3  3 easement cannot restrict any use otherwise permitted in an
  3  4 agricultural area.  The easement is perpetual unless expressly
  3  5 limited to a lesser term as negotiated by the parties.  The
  3  6 bill provides that the ordinance may provide for the
  3  7 termination of the easement, including by repurchase.  The
  3  8 bill requires that an acknowledgment of the easement be
  3  9 recorded and indexed in the office of the county recorder.
  3 10 The bill provides that the acquisition of an easement does not
  3 11 grant the public a right of access or right of use on the
  3 12 farmland, and does not restrict a government unit from
  3 13 acquiring the land by condemnation for a public use unrelated
  3 14 to farmland preservation.
  3 15    The bill becomes effective upon enactment.  
  3 16 LSB 3080HH 77
  3 17 da/jw/5
     

Text: HF02240                           Text: HF02242
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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