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Senate File 425

Partial Bill History

Bill Text

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  6 exceeding less than forty feet in width, which will connect
  1  7 with an existing public road.  The condemned public way shall
  1  8 be located on a division, subdivision or "forty" line, or
  1  9 immediately adjacent thereto, and along 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 fenced on both sides by the condemner upon request of the
  1 17 owner of the condemned land only 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 27    A public way condemned under this subsection shall not be
  1 28 considered an existing public road in subsequent condemnations
  1 29 to 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 1939SV 77
  3  6 ec/sc/14
     

Text: SF00424                           Text: SF00426
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