Text: SF00346 Text: SF00348 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 347 1 2 1 3 AN ACT 1 4 RELATING TO THE DISPOSAL OF PUBLIC NUISANCES SEIZED BY THE 1 5 DEPARTMENT OF NATURAL RESOURCES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 483A.32, Code 1997, is amended to read 1 10 as follows: 1 11 483A.32 PUBLIC NUISANCE. 1 12 Any device, contrivance, or material used to violate a rule 1 13 adopted by the commission, or any other provision of this 1 14 chapter or chapters 481A, 481B, 482, 484A, or 484B, is a 1 15 public nuisance, and theand may be condemned by the state. 1 16 The director,andthe director's officers, or any peace 1 17 officer, shall seizesuchthe devices, contrivances, or 1 18 materialssoused as a public nuisance, without warrant or 1 19 process, and deliver them to a magistrate having jurisdiction. 1 20 An automobile shall not be construed to be a public nuisance 1 21 under this section. 1 22 Sec. 2. Section 483A.33, Code 1997, is amended by striking 1 23 the section and inserting in lieu thereof the following: 1 24 483A.33 DISPOSITION OF PROPERTY SEIZED AS PUBLIC NUISANCE. 1 25 The disposition of property seized pursuant to section 1 26 483A.32 shall be conducted as follows: 1 27 1. The officer taking possession of property seized as a 1 28 public nuisance shall make a written inventory of the property 1 29 and deliver a copy of the inventory to the person from whom 1 30 the property was seized. The inventory shall include the name 1 31 of the person taking custody of the seized property, the date 1 32 and time of seizure, location of the seizure, and the name of 1 33 the seizing public agency. Property which has been seized 1 34 shall be safely secured and stored by the public agency which 1 35 caused its seizure unless directed otherwise by the county 2 1 attorney of the county where the property was seized or by the 2 2 attorney general. 2 3 2. a. The county attorney or attorney general may file 2 4 with the clerk of the district court for the county in which 2 5 the property was seized a notice of condemnation which shall 2 6 include a description of the property claimed to be condemned 2 7 by the state, the grounds upon which the state claims that the 2 8 property has been condemned, the date and place of seizure, 2 9 and the name of the person from whom the property was seized. 2 10 b. The notice shall be filed not later than six months 2 11 after the property was seized. Failure to file within the 2 12 time limit terminates the state's right to claim a 2 13 condemnation of the property. 2 14 c. The state shall give notice of condemnation to the 2 15 person from whom the property was seized and any person 2 16 identified as an owner or lien holder, by certified mail, 2 17 personal service, or publication. 2 18 3. a. The person from whom the property was seized may 2 19 make application for its return in the office of the clerk of 2 20 the district court for the county in which the property was 2 21 seized. The application shall be filed within thirty days 2 22 after the receipt of the notice of condemnation. Failure to 2 23 file the application within this time period terminates the 2 24 interest of the person and the ownership of the property shall 2 25 be transferred to the state. 2 26 b. The application for return of condemnable property 2 27 shall be written and shall state the specific item or items 2 28 sought, the nature and the source of the claimant's interest 2 29 in the property, and the grounds upon which the claimant seeks 2 30 to avoid condemnation. The ownership of property is not 2 31 sufficient grounds for its return. The written application 2 32 shall be specific and the claimant shall be limited at the 2 33 judicial hearing to proof of the grounds set forth is the 2 34 application for return. The fact that the property is 2 35 inadmissible as evidence or that it may be suppressed is not 3 1 grounds for its return. If specific grounds for return are 3 2 not provided in the application for return, or the grounds are 3 3 insufficient as a matter of law, the court may enter judgment 3 4 on the pleadings without further hearing. 3 5 4. If an application for return of condemnable property is 3 6 timely and of sufficient grounds, the claim shall be set for 3 7 hearing. The hearing shall be held not less than ten nor more 3 8 than thirty days after the filing of the claim. The 3 9 proceeding shall be conducted by a magistrate or a district 3 10 associate judge. All claims to the same property shall be 3 11 heard in one proceeding, unless it is shown that the 3 12 proceeding would result in prejudice to one or more of the 3 13 parties. 3 14 5. a. Upon a finding by the court that the property is 3 15 condemnable, the court shall enter an order transferring title 3 16 of the property to the state, and placed at the disposal of 3 17 the director, who may use or sell the property, depositing the 3 18 proceeds of the sale in the state fish and game protection 3 19 fund. 3 20 b. Upon a finding by the court that the property should 3 21 not be condemned, the property shall be returned to the person 3 22 from whom it was seized. If the property is necessary for use 3 23 as evidence in a criminal proceeding, the property shall not 3 24 be returned until its use as evidence is no longer required. 3 25 Sec. 3. Section 483A.34, Code 1997, is amended by striking 3 26 the section and inserting in lieu thereof the following: 3 27 483A.34 RIGHT TO APPEAL. 3 28 An appeal from a denial of an application for return of 3 29 condemnable property, or from an order for return of 3 30 condemnable property, shall be made within ten days after the 3 31 entry of a judgment order and shall be conducted in the same 3 32 manner as an appeal in a small claims action. The appellant, 3 33 other than the state, shall post a bond of a reasonable amount 3 34 as the court may fix and approve, conditioned to pay all costs 3 35 of the proceedings if the appellant is unsuccessful on appeal. 4 1 4 2 4 3 4 4 MARY E. KRAMER 4 5 President of the Senate 4 6 4 7 4 8 4 9 RON J. CORBETT 4 10 Speaker of the House 4 11 4 12 I hereby certify that this bill originated in the Senate and 4 13 is known as Senate File 347, Seventy-seventh General Assembly. 4 14 4 15 4 16 4 17 MARY PAT GUNDERSON 4 18 Secretary of the Senate 4 19 Approved , 1998 4 20 4 21 4 22 4 23 TERRY E. BRANSTAD 4 24 Governor
Text: SF00346 Text: SF00348 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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