Text: SF00184 Text: SF00186 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6A.4, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. Owners of land without a way to the land. Upon the 1 4 owner or lessee of lands, which have no public or private way 1 5 to the lands, for the purpose of providing a public way, not 1 6exceedingless than forty feet in width, which will connect 1 7 with an existing public road. The condemned public way shall 1 8 be locatedon a division, subdivision or "forty" line, or1 9immediately adjacent thereto, andalong the line which is the 1 10 nearest feasible route to an existing public road, or along a 1 11 route established for a period of ten years or more by an 1 12 easement of record or by use and travel to and from the 1 13 property by the owner and the general public. The public way 1 14 shall not interfere with buildings, orchards, or cemeteries. 1 15 When passing through enclosed lands, the public way shall be 1 16 fencedon both sides by the condemner upon request of the1 17owner of the condemned landonly at the request of the 1 18 adjacent owner or lessee, with the costs of erection and 1 19 maintenance of the fence being borne by the condemner, or the 1 20 condemner's assignee. All fences erected pursuant to this 1 21 subsection shall comply with the provisions of chapter 359A. 1 22 The condemner or the condemner's assignee,shall provide 1 23 easement for access to the owner of property severed by the 1 24 condemnation. The public way shall be maintained by the 1 25 condemner or the condemner's assignee, and shall not be 1 26 considered any part of the primary or secondary road systems. 1 27A public way condemned under this subsection shall not be1 28considered an existing public road in subsequent condemnations1 29to provide a public way for access to an existing public road.1 30 The condemnation of a public way under this subsection 1 31 shall be conducted in compliance with sections 6B.3 through 1 32 6B.19, 6B.33, 306.50 through 306.54, 314.23, and 314.24, and 1 33 the condemner shall pay the costs of compliance. 1 34 The appeal of condemnation proceedings under this 1 35 subsection shall be conducted in compliance with sections 2 1 6B.19 through 6B.25, 6B.30, 6B.32, and 6B.34 through 6B.41. 2 2 However, upon mutual agreement of the condemner and condemnee, 2 3 appeal proceedings may be conducted through arbitration in 2 4 compliance with chapter 679A. 2 5 EXPLANATION 2 6 This bill makes changes in the provisions permitting the 2 7 condemnation of land for the purpose of providing an owner of 2 8 land a public way to the land. 2 9 The bill eliminates the requirement that the public way, if 2 10 it is to be located on the nearest feasible route to an 2 11 existing public road, be located on, or adjacent to, a 2 12 division, subdivision, or "forty" line. 2 13 The bill also provides that the public way be at least 40 2 14 feet in width. Current law provides that the public way not 2 15 exceed 40 feet in width. 2 16 The bill also provides that an owner or lessee of land 2 17 adjacent to the public way can request that the public way be 2 18 fenced and the cost of erecting and maintaining the fence 2 19 shall be paid by the condemner. The bill also requires that 2 20 the fence be erected pursuant to the requirements of chapter 2 21 359A. Current law provides that the owner of condemned land 2 22 can request the erection of a fence on both sides of the 2 23 public way. 2 24 The bill eliminates the provision that a public way 2 25 condemned pursuant to section 6A.4, subsection 2, shall not be 2 26 considered an existing public road in subsequent condemnations 2 27 to provide a public way for access to another existing public 2 28 road. 2 29 The bill specifies the provisions of Code chapters 6B, 306, 2 30 and 314, that apply to a condemnation proceeding to establish 2 31 a public way, and provides that the condemner shall pay the 2 32 cost of complying with the applicable provisions. The 2 33 applicable provisions of Code chapter 306 relate to the soil 2 34 and water conservation impact of a road, and the applicable 2 35 provisions of Code chapter 314 relate to environmental and 3 1 historical protection concerning roads. The bill also 3 2 specifies the provisions of Code chapter 6B that apply to an 3 3 appeal of a condemnation proceeding but provides that the 3 4 parties may, by mutual agreement, consent to arbitration. 3 5 LSB 1939SS 77 3 6 ec/sc/14
Text: SF00184 Text: SF00186 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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