Text: HF02507 Text: HF02509 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 6A.21 CONDEMNATION OF
1 2 AGRICULTURAL LAND.
1 3 The application of this section to prohibit the
1 4 condemnation of agricultural land without the consent of the
1 5 owner is intended to prevent the unnecessary condemnation of
1 6 agricultural land and to protect land used for an agricultural
1 7 purpose but is not intended to prevent the development of land
1 8 in highly commercial or industrial areas within a city.
1 9 For purposes of this chapter, a public use or public
1 10 purpose does not include the condemnation of agricultural land
1 11 for economic development purposes unless the owner of the
1 12 agricultural land consents to the condemnation. "Agricultural
1 13 land" means real property that is used for the production of
1 14 agricultural commodities including, but not limited to, the
1 15 raising, harvesting, handling, drying, or storage of crops
1 16 used for feed, food, seed, or fiber; the care or feeding of
1 17 livestock; the handling or transportation of crops or
1 18 livestock; the storage, treatment, or disposal of livestock
1 19 manure; and the application of fertilizers, soil conditioners,
1 20 pesticides, and herbicides on crops. "Economic development
1 21 purposes" means the construction of, or public improvement
1 22 related to, recreational development, housing and residential
1 23 development, or commercial or industrial enterprise
1 24 development. This section does not apply to a slum area or
1 25 blighted area as defined in section 403.17, or to the
1 26 establishment, relocation, or improvement of a road pursuant
1 27 to chapter 306, or of an airport as defined in section 328.1.
1 28 Sec. 2. Section 403.5, subsection 4, Code 1997, is amended
1 29 by adding the following new unnumbered paragraph:
1 30 NEW UNNUMBERED PARAGRAPH. A municipality shall not condemn
1 31 agricultural land included within an economic development area
1 32 unless the owner of the agricultural land consents to
1 33 condemnation.
1 34 Sec. 3. Section 403.7, Code 1997, is amended to read as
1 35 follows:
2 1 403.7 CONDEMNATION OF PROPERTY.
2 2 A municipality shall have the right to acquire by
2 3 condemnation any interest in real property, including a fee
2 4 simple title thereto, which it may deem necessary for or in
2 5 connection with an urban renewal project under this chapter.
2 6 However, a municipality shall not condemn agricultural land
2 7 included within an economic development area unless the owner
2 8 of the agricultural land consents to condemnation. A
2 9 municipality may exercise the power of eminent domain in the
2 10 manner provided in chapter 6B, and Acts amendatory to that
2 11 chapter or supplementary to that chapter, or it may exercise
2 12 the power of eminent domain in the manner now or which may be
2 13 hereafter provided by any other statutory provisions for the
2 14 exercise of the power of eminent domain. Property already
2 15 devoted to a public use may be acquired in like manner.
2 16 However, real property belonging to the state, or any
2 17 political subdivision of this state, shall not be acquired
2 18 without its consent, and real property or any right or
2 19 interest in the property owned by any public utility company,
2 20 pipeline company, railway or transportation company vested
2 21 with the right of eminent domain under the laws of this state,
2 22 shall not be acquired without the consent of the company, or
2 23 without first securing, after due notice to the company and
2 24 after hearing, a certificate authorizing condemnation of the
2 25 property from the board, commission or body having the
2 26 authority to grant a certificate authorizing condemnation. In
2 27 a condemnation proceeding, if a municipality proposes to take
2 28 a part of a lot or parcel of real property, the municipality
2 29 shall also take the remaining part of the lot or parcel if
2 30 requested by the owner.
2 31 The prohibition contained in this section on the
2 32 condemnation of agricultural land in an economic development
2 33 area without the consent of the owner is intended to prevent
2 34 the unnecessary condemnation of agricultural land and to
2 35 protect land used for an agricultural purpose but is not
3 1 intended to prevent the development of land in highly
3 2 commercial or industrial areas within a city.
3 3 Sec. 4. Section 403.17, Code 1997, is amended by adding
3 4 the following new subsection:
3 5 NEW SUBSECTION. 2A. "Agricultural land" means real
3 6 property that is used for the production of agricultural
3 7 commodities including, but not limited to, the raising,
3 8 harvesting, handling, drying, or storage of crops used for
3 9 feed, food, seed, or fiber; the care or feeding of livestock;
3 10 the handling or transportation of crops or livestock; the
3 11 storage, treatment, or disposal of livestock manure; and the
3 12 application of fertilizers, soil conditioners, pesticides, and
3 13 herbicides on crops.
3 14 Sec. 5. Section 403.17, subsection 9, Code 1997, is
3 15 amended to read as follows:
3 16 9. "Economic development area" means an area of a
3 17 municipality designated by the local governing body as
3 18 appropriate for commercial and industrial enterprises, public
3 19 improvements related to housing and residential development,
3 20 or construction of housing and residential development for low
3 21 and moderate income families, including single or multifamily
3 22 housing. If an urban renewal plan for an urban renewal area
3 23 is based upon a finding that the area is an economic
3 24 development area and that no part contains slum or blighted
3 25 conditions, then the division of revenue provided in section
3 26 403.19 and stated in the plan shall be limited to twenty years
3 27 from the calendar year following the calendar year in which
3 28 the city first certifies to the county auditor the amount of
3 29 any loans, advances, indebtedness, or bonds which qualify for
3 30 payment from the division of revenue provided in section
3 31 403.19. Such designated area shall not include agricultural
3 32 land, including land which is part of a century farm, unless
3 33 the owner of the agricultural land or century farm agrees to
3 34 include the agricultural land or century farm in the urban
3 35 renewal area. For the purposes of this subsection, "century
4 1 farm" means a farm in which at least forty acres of such farm
4 2 have been held in continuous ownership by the same family for
4 3 one hundred years or more.
4 4 Sec. 6. APPLICABILITY.
4 5 1. Sections 1, 2, 3, and 4 of this Act apply to urban
4 6 renewal areas established before, on, or after the effective
4 7 date of this Act and to amendments to such urban renewal
4 8 areas.
4 9 2. Section 5 of this Act applies to urban renewal areas
4 10 established on or after the effective date of this Act.
4 11 Section 5 of this Act also applies to agricultural land
4 12 included in an urban renewal area established before the
4 13 effective date of this Act if the agricultural land is
4 14 included in the urban renewal area by virtue of an amendment
4 15 to the urban renewal plan, which amendment is adopted on or
4 16 after the effective date of this Act.
4 17 Sec. 7. EFFECTIVE DATE. This Act, being deemed of
4 18 immediate importance, takes effect upon enactment.
4 19 EXPLANATION
4 20 This bill provides that agricultural land shall not be
4 21 condemned through the process of eminent domain for economic
4 22 development purposes unless the owner of the agricultural land
4 23 consents to the condemnation. The bill also provides that
4 24 agricultural land shall not be included in an urban renewal
4 25 area unless the owner of the agricultural land consents to the
4 26 inclusion. The bill defines "agricultural land" and "economic
4 27 development purposes".
4 28 The sections of the bill relating to condemnation of
4 29 agricultural property apply to urban renewal areas established
4 30 before, on, or after the effective date of the bill.
4 31 The section of the bill prohibiting inclusion of
4 32 agricultural land in an urban renewal area applies to urban
4 33 renewal areas established on or after the effective date of
4 34 the bill. The bill also applies to agricultural land in urban
4 35 renewal areas established prior to the effective date of the
5 1 bill if the urban renewal plan was amended to include the
5 2 agricultural land on or after the effective date of the bill.
5 3 The bill takes effect upon enactment.
5 4 LSB 4330HV 77
5 5 sc/jw/5
Text: HF02507 Text: HF02509 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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