Text: HSB00151 Text: HSB00153 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 35mustshall 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 thepresent owner of adjacent land2 3from whichperson who presently owns the land which originally 2 4 included the tract, parcel, piece of land, or part thereof, 2 5was originallywhich 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.TheIf 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
© 1997 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: Wed Feb 19 03:41:10 CST 1997
URL: /DOCS/GA/77GA/Legislation/HSB/00100/HSB00152/970218.html
jhf