Text: HSB00665                          Text: HSB00667
Text: HSB00600 - HSB00699               Text: HSB Index
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House Study Bill 666

Bill Text

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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