Text: S05018 Text: S05020 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2042 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 6A.4, Code 1997, is amended to 1 5 read as follows: 1 6 6A.4 RIGHT CONFERRED. 1 7 1. The right to take private property for public 1 8 use is hereby conferred: 1 91.a. COUNTIES. Upon all counties for public 1 10 purposes which are reasonable and necessary as an 1 11 incident to the powers and duties conferred upon 1 12 counties. 1 132.b. OWNERS OF LAND WITHOUT A WAY TO THE LAND. 1 14 Upon the owner or lessee of lands, which have no 1 15 public or private way to the lands, for the purpose of 1 16 providing a public way, not exceeding forty feet in 1 17 width, which will connect with an existing public 1 18 road. The condemned public way shall be located on a 1 19 division, subdivision or "forty" line, or immediately 1 20 adjacent thereto, and along the line which is the 1 21 nearest feasible route to an existing public road, or 1 22 along a route established for a period of ten years or 1 23 more by an easement of record or by use and travel to 1 24 and from the property by the owner and the general 1 25 public. The public way shall not interfere with 1 26 buildings, orchards, or cemeteries. When passing 1 27 through enclosed lands, the public way shall be fenced 1 28 on both sides by the condemner upon request of the 1 29 owner of the condemned land. The condemner or the 1 30 condemner's assignee, shall provide easement for 1 31 access to the owner of property severed by the 1 32 condemnation. The public way shall be maintained by 1 33 the condemner or the condemner's assignee, and shall 1 34 not be considered any part of the primary or secondary 1 35 road systems. 1 36 A public way condemned under this subsection shall 1 37 not be considered an existing public road in 1 38 subsequent condemnations to provide a public way for 1 39 access to an existing public road. 1 403.c. OWNERS OF MINERAL LANDS. Upon all owners, 1 41 lessees, or possessors of land, for a railway right of 1 42 way thereto not exceeding one hundred feet in width 1 43 and located wherever necessary or practical, when such 1 44 lands have no railway thereto and contain coal, stone, 1 45 gravel, lead, or other minerals and such railway is 1 46 necessary in order to reach and operate any mine, 1 47 quarry, or gravel bed on said land and transport the 1 48 products thereof to market. Such right of way shall 1 49 not interfere with buildings, orchards, or cemeteries, 1 50 and when passing through enclosed lands, fences shall 2 1 be built and maintained on both sides thereof by the 2 2 party condemning the land and by that party's 2 3 assignees. The jury, in the assessment of damages, 2 4 shall consider the fact that a railway is to be 2 5 constructed thereon. 2 64.d. CEMETERY ASSOCIATIONS. Upon any private 2 7 cemetery or cemetery association which is incorporated 2 8 under the laws of this state relating to corporations 2 9 not for pecuniary profit, and having its cemetery 2 10 located outside the limits of a city, for the purpose 2 11 of acquiring necessary grounds for cemetery use or 2 12 reasonable additions thereto. The right granted in 2 13 this subsection shall not be exercised until the board 2 14 of supervisors, of the county in which the land sought 2 15 to be condemned is located, has, on written 2 16 application and hearing, on such reasonable notice to 2 17 all interested parties as it may fix, found that the 2 18 land, describing it, sought to be condemned, is 2 19 necessary for cemetery purposes. The association 2 20 shall pay all costs attending such hearing. 2 215.e. SUBDISTRICTS OF SOIL AND WATER CONSERVATION 2 22 DISTRICTS. Upon a subdistrict of a soil and water 2 23 conservation district for land or rights or interests 2 24 in the land as reasonable and necessary to carry out 2 25 the purposes of the subdistrict. 2 266.f. CITIES. Upon all cities for public purposes 2 27 which are reasonable and necessary as an incident to 2 28 the powers and duties conferred upon cities. 2 29 2. "Public use" or "public purposes" does not 2 30 include condemnation of private property by the state 2 31 or a city or county or by an agency of the state or an 2 32 agency of a city or county on behalf of a private, 2 33 for-profit entity." 2 34 2 35 2 36 2 37 JACK RIFE 2 38 SF 2042.502 77 2 39 sc/jw/28
Text: S05018 Text: S05020 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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