Text: HF02240 Text: HF02242 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 5 03:42:44 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02200/HF02241/980212.html
jhf