Text: HSB00665 Text: HSB00667 Text: HSB00600 - HSB00699 Text: HSB 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 For purposes of this chapter, a public use or public 1 4 purpose does not include the condemnation of agricultural land 1 5 for economic development purposes unless the owner of the 1 6 agricultural land consents to the condemnation. "Agricultural 1 7 land" means real property that is capable of being used for 1 8 the production of agricultural commodities including, but not 1 9 limited to, the raising, harvesting, handling, drying, or 1 10 storage of crops used for feed, food, seed, or fiber; the care 1 11 or feeding of livestock; the handling or transportation of 1 12 crops or livestock; the storage, treatment, or disposal of 1 13 livestock manure; and the application of fertilizers, soil 1 14 conditioners, pesticides, and herbicides on crops. "Economic 1 15 development purposes" means the construction of, or public 1 16 improvement related to, recreational development, housing and 1 17 residential development, or commercial or industrial 1 18 enterprise development. This section does not apply to a slum 1 19 area or blighted area as defined in section 403.17, or to the 1 20 establishment, relocation, or improvement of a road pursuant 1 21 to chapter 306, or of an airport as defined in section 328.1. 1 22 Sec. 2. Section 403.5, subsection 4, Code 1997, is amended 1 23 by adding the following new unnumbered paragraph: 1 24 NEW UNNUMBERED PARAGRAPH. A municipality shall not condemn 1 25 agricultural land included within an economic development area 1 26 unless the owner of the agricultural land consents to 1 27 condemnation. 1 28 Sec. 3. Section 403.7, Code 1997, is amended to read as 1 29 follows: 1 30 403.7 CONDEMNATION OF PROPERTY. 1 31 A municipality shall have the right to acquire by 1 32 condemnation any interest in real property, including a fee 1 33 simple title thereto, which it may deem necessary for or in 1 34 connection with an urban renewal project under this chapter. 1 35 However, a municipality shall not condemn agricultural land 2 1 included within an economic development area unless the owner 2 2 of the agricultural land consents to condemnation. A 2 3 municipality may exercise the power of eminent domain in the 2 4 manner provided in chapter 6B, and Acts amendatory to that 2 5 chapter or supplementary to that chapter, or it may exercise 2 6 the power of eminent domain in the manner now or which may be 2 7 hereafter provided by any other statutory provisions for the 2 8 exercise of the power of eminent domain. Property already 2 9 devoted to a public use may be acquired in like manner. 2 10 However, real property belonging to the state, or any 2 11 political subdivision of this state, shall not be acquired 2 12 without its consent, and real property or any right or 2 13 interest in the property owned by any public utility company, 2 14 pipeline company, railway or transportation company vested 2 15 with the right of eminent domain under the laws of this state, 2 16 shall not be acquired without the consent of the company, or 2 17 without first securing, after due notice to the company and 2 18 after hearing, a certificate authorizing condemnation of the 2 19 property from the board, commission or body having the 2 20 authority to grant a certificate authorizing condemnation. In 2 21 a condemnation proceeding, if a municipality proposes to take 2 22 a part of a lot or parcel of real property, the municipality 2 23 shall also take the remaining part of the lot or parcel if 2 24 requested by the owner. 2 25 Sec. 4. Section 403.17, Code 1997, is amended by adding 2 26 the following new subsection: 2 27 NEW SUBSECTION. 2A. "Agricultural land" means real 2 28 property that is capable of being used for the production of 2 29 agricultural commodities including, but not limited to, the 2 30 raising, harvesting, handling, drying, or storage of crops 2 31 used for feed, food, seed, or fiber; the care or feeding of 2 32 livestock; the handling or transportation of crops or 2 33 livestock; the storage, treatment, or disposal of livestock 2 34 manure; and the application of fertilizers, soil conditioners, 2 35 pesticides, and herbicides on crops. 3 1 Sec. 5. Section 403.17, subsection 9, Code 1997, is 3 2 amended to read as follows: 3 3 9. "Economic development area" means an area of a 3 4 municipality designated by the local governing body as 3 5 appropriate for commercial and industrial enterprises, public 3 6 improvements related to housing and residential development, 3 7 or construction of housing and residential development for low 3 8 and moderate income families, including single or multifamily 3 9 housing. If an urban renewal plan for an urban renewal area 3 10 is based upon a finding that the area is an economic 3 11 development area and that no part contains slum or blighted 3 12 conditions, then the division of revenue provided in section 3 13 403.19 and stated in the plan shall be limited to twenty years 3 14 from the calendar year following the calendar year in which 3 15 the city first certifies to the county auditor the amount of 3 16 any loans, advances, indebtedness, or bonds which qualify for 3 17 payment from the division of revenue provided in section 3 18 403.19. Such designated area shall not include agricultural 3 19 land, including land which is part of a century farm, unless 3 20 the owner of the agricultural land or century farm agrees to 3 21 include the agricultural land or century farm in the urban 3 22 renewal area. For the purposes of this subsection, "century 3 23 farm" means a farm in which at least forty acres of such farm 3 24 have been held in continuous ownership by the same family for 3 25 one hundred years or more. 3 26 Sec. 6. APPLICABILITY. This Act applies to urban renewal 3 27 areas established on or after the effective date of this Act. 3 28 This Act applies to agricultural land included in an urban 3 29 renewal area established before the effective date of this Act 3 30 if the agricultural land is included in the urban renewal area 3 31 by virtue of an amendment to the urban renewal plan, which 3 32 amendment is adopted on or after the effective date of this 3 33 Act. 3 34 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 3 35 immediate importance, takes effect upon enactment. 4 1 EXPLANATION 4 2 This bill provides that agricultural land shall not be 4 3 condemned through the process of eminent domain unless the 4 4 owner of the agricultural land consents to the condemnation. 4 5 The bill also provides that agricultural land shall not be 4 6 included in an urban renewal area unless the owner of the 4 7 agricultural land consents to the inclusion. The bill defines 4 8 "agricultural land". 4 9 The bill applies to urban renewal areas established on or 4 10 after the effective date of the bill. The bill also applies 4 11 to agricultural land in urban renewal areas established prior 4 12 to the effective date of the bill if the urban renewal plan 4 13 was amended to include the agricultural land on or after the 4 14 effective date of the bill. 4 15 The bill takes effect upon enactment. 4 16 LSB 4330YC 77 4 17 sc/jw/5
Text: HSB00665 Text: HSB00667 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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