Iowa General Assembly Banner

 
Text: SF00431                           Text: SF00433
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 432

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 432
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE DISPOSITION OF PRIVATE PROPERTY CONDEMNED
  1  5    UNDER EMINENT DOMAIN OR CONDEMNED OR PURCHASED AS 
  1  6    HIGHWAY RIGHT-OF-WAY PROPERTY AND PROVIDING AN 
  1  7    APPLICABILITY DATE. 
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 10 
  1 11    Section 1.  NEW SECTION.  6B.56  DISPOSITION OF CONDEMNED
  1 12 PROPERTY.
  1 13    1.  If real property condemned pursuant to this chapter is
  1 14 not used for the purpose stated in the application filed
  1 15 pursuant to section 6B.3 and the condemner seeks to dispose of
  1 16 the real property, the condemner shall first offer the
  1 17 property for sale to the prior owner of the condemned property
  1 18 as provided in this section.  For purposes of this section,
  1 19 the prior owner of the real property includes the successor in
  1 20 interest of the real property.
  1 21    2.  Before the real property may be offered for sale to the
  1 22 general public, the condemner shall notify the prior owner of
  1 23 the real property condemned in writing of the condemner's
  1 24 intent to dispose of the real property, of the current
  1 25 appraised value of the real property, and of the prior owner's
  1 26 right to purchase the real property within sixty days from the
  1 27 date the notice is served at a price equal to the current
  1 28 appraised value of the real property.  The notice sent by the
  1 29 condemner as provided in this subsection shall be filed with
  1 30 the office of the recorder in the county in which the real
  1 31 property is located.
  1 32    3.  If the prior owner elects to purchase the real property
  1 33 at the price established in subsection 2, before the
  1 34 expiration of the sixty-day period, the prior owner shall
  1 35 notify the condemner in writing of this intention and file a
  2  1 copy of this notice with the office of the recorder in the
  2  2 county in which the real property is located.
  2  3    4.  The provisions of this section do not apply to the sale
  2  4 of unused right-of-way property as provided in chapter 306.
  2  5    Sec. 2.  Section 306.23, Code 1997, is amended to read as
  2  6 follows:
  2  7    306.23  NOTICE – PREFERENCE OF SALE.
  2  8    1.  For the sale of unused right-of-way notice of intention
  2  9 to sell the tract, parcel, or piece of land, or part thereof,
  2 10 must be sent, not less than ten days prior to the sale, by
  2 11 certified mail, by the The agency in control of the land, a
  2 12 tract, parcel, or piece of land, or part thereof, which is
  2 13 unused right-of-way shall send by certified mail to the last
  2 14 known address of the present owner of adjacent land from which
  2 15 the tract, parcel, piece of land, or part thereof, was
  2 16 originally bought purchased or condemned for highway purposes,
  2 17 and if located in a city, to the mayor to the person who owned
  2 18 the land at the time it was purchased or condemned for highway
  2 19 purposes, notice of the agency's intent to sell the land, the
  2 20 name and address of any other person to whom a notice was
  2 21 sent, and the fair market value of the real property based
  2 22 upon an appraisal by an independent appraiser.
  2 23    2.  The notice shall give an opportunity to the present
  2 24 owner of adjacent property and to the person who owned the
  2 25 land at the time it was purchased or condemned for highway
  2 26 purposes to be heard and make offers within sixty days of the
  2 27 date the notice is mailed for the tract, parcel, or piece of
  2 28 land to be sold, and if the offer is equal to.  An offer which
  2 29 equals or exceeds in amount any other offer received, it and
  2 30 which equals or exceeds the fair market value of the property
  2 31 shall be given preference by the agency in control of the
  2 32 land.  Neglect or failure for any reason, to comply with the
  2 33 notice, does not prevent the giving of a clear title to the
  2 34 purchaser of the tract, parcel, or piece of land.  If no
  2 35 offers are received within sixty days or if no offer equals or
  3  1 exceeds the fair market value of the land, the agency shall
  3  2 transfer the land for a public purpose or proceed with the
  3  3 sale of the property.
  3  4    3.  For the purposes of this section, "public purpose"
  3  5 means the transfer to a state agency or a city, county, or
  3  6 other political subdivision for a public purpose.
  3  7    Sec. 3.  APPLICABILITY DATE.  Section 2 of this Act applies
  3  8 only to decisions to dispose of unused right-of-way made on or
  3  9 after July 1, 1997.  
  3 10 
  3 11 
  3 12                                                             
  3 13                               MARY E. KRAMER
  3 14                               President of the Senate
  3 15 
  3 16 
  3 17                                                             
  3 18                               RON J. CORBETT
  3 19                               Speaker of the House
  3 20 
  3 21    I hereby certify that this bill originated in the Senate and
  3 22 is known as Senate File 432, Seventy-seventh General Assembly.
  3 23 
  3 24 
  3 25                                                             
  3 26                               MARY PAT GUNDERSON
  3 27                               Secretary of the Senate
  3 28 Approved                , 1997
  3 29 
  3 30 
  3 31                         
  3 32 TERRY E. BRANSTAD
  3 33 Governor
     
Text: SF00431                           Text: SF00433
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Sat Jun 21 03:40:03 CDT 1997
URL: /DOCS/GA/77GA/Legislation/SF/00400/SF00432/970424.html
jhf