Text: HSB00151                          Text: HSB00153
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 152

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  6B.56  DISPOSITION OF CONDEMNED
  1  2 PROPERTY – STATE DEPARTMENT OF TRANSPORTATION.
  1  3    1.  If real property condemned pursuant to this chapter by
  1  4 the state department of transportation is not used for the
  1  5 purpose stated in the application filed pursuant to section
  1  6 6B.3 and the condemner seeks to dispose of the real property,
  1  7 the condemner shall first offer the property for sale to the
  1  8 prior owner of the condemned property as provided in this
  1  9 section.  For purposes of this section, the prior owner of the
  1 10 real property includes the successor in interest of the real
  1 11 property.
  1 12    2.  Before the real property may be offered for sale to the
  1 13 general public, the condemner shall notify the prior owner of
  1 14 the real property condemned in writing of the condemner's
  1 15 intent to dispose of the real property, the fair market value
  1 16 of real property, and the prior owner's right to purchase the
  1 17 real property within sixty days from the date the notice is
  1 18 served at a price equal to the fair market value of the real
  1 19 property.  The notice sent by the condemner as provided in
  1 20 this subsection shall be filed with the office of the recorder
  1 21 in the county in which the real property is located.
  1 22    3.  If the prior owner elects to purchase the real property
  1 23 at the price established in subsection 2, the prior owner
  1 24 shall notify the condemner in writing of this intention and
  1 25 file a copy of this notice with the office of the recorder in
  1 26 the county in which the real property is located, before the
  1 27 expiration of the sixty-day period.
  1 28    4.  The provisions of this section do not apply to the sale
  1 29 of unused right-of-way property as provided in chapter 306.
  1 30    Sec. 2.  Section 306.23, Code 1997, is amended to read as
  1 31 follows:
  1 32    306.23  NOTICE – PREFERENCE OF SALE.
  1 33    For the sale of unused right-of-way, notice of intention to
  1 34 sell the tract, parcel, or piece of land, or part thereof,
  1 35 must shall be sent, not less than ten days prior to the sale,
  2  1 by certified mail, by the agency in control of the land, to
  2  2 the last known address of the present owner of adjacent land
  2  3 from which person who presently owns the land which originally
  2  4 included the tract, parcel, piece of land, or part thereof,
  2  5 was originally which was bought or condemned for highway
  2  6 purposes, to the person who conveyed the land which originally
  2  7 included the tract, parcel, or piece of land bought or
  2  8 condemned for highway purposes, and if located in a city, to
  2  9 the mayor.  The If the tract, parcel, or piece of land was
  2 10 acquired by purchase and not through condemnation, the notice
  2 11 shall contain an appraisal of the parcel and shall give an
  2 12 opportunity to the present owner of adjacent property and to
  2 13 the past owner who conveyed the property to be heard and make
  2 14 offers for the tract, parcel, or piece of land to be sold, and
  2 15 if the offer is equal to or exceeds in amount any other offer
  2 16 received, it shall be given preference by the agency in
  2 17 control of the land.  If the tract, parcel, or piece of land
  2 18 was acquired through condemnation, the notice shall also
  2 19 provide that the present owner of adjacent property from which
  2 20 the tract, parcel, or piece of land was condemned or the
  2 21 immediate past owner who conveyed the tract, parcel, or piece
  2 22 of land may purchase the tract, parcel, or piece of land,
  2 23 prior to the sale, for an amount at least equal to the damages
  2 24 awarded through condemnation for the tract, parcel, or piece
  2 25 of land through a bid process.  Neglect or failure for any
  2 26 reason, to comply with the notice, does not prevent the giving
  2 27 of a clear title to the purchaser of the tract, parcel, or
  2 28 piece of land.  
  2 29                           EXPLANATION
  2 30    This bill provides that a prior owner of real property
  2 31 condemned by the state department of transportation shall be
  2 32 given 60 days to reacquire that property if the condemner has
  2 33 not used the property for the purpose of the condemnation and
  2 34 if the department seeks to otherwise dispose of the property
  2 35 to the public.  The bill provides that the prior owner can
  3  1 reacquire the property at the fair market value of the
  3  2 property.  The bill does not apply to the sale of unused
  3  3 right-of-way property as provided in chapter 306.
  3  4    The bill provides that the past owner who conveyed a parcel
  3  5 of land which is an unused right-of-way may buy the parcel if
  3  6 the property was not acquired by condemnation.  The bill also
  3  7 provides that when land acquired for a right-of-way through
  3  8 condemnation is not needed for that purpose and will be sold,
  3  9 the present owner and past owner who conveyed adjacent
  3 10 property shall be notified and allowed to purchase the
  3 11 property for an amount equal to the damages awarded for the
  3 12 condemnation of the property.  
  3 13 LSB 1390HC 77
  3 14 mk/jj/8
     

Text: HSB00151                          Text: HSB00153
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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