Text: SF02041 Text: SF02043 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 6A.4, subsection 1, Code 1997, is
1 2 amended to read as follows:
1 3 1. COUNTIES. Upon all counties for public purposes which
1 4 are reasonable and necessary as an incident to the powers and
1 5 duties conferred upon counties. However, a county shall not
1 6 condemn real property assessed as agricultural land for
1 7 taxation purposes if the purpose of the condemnation
1 8 proceeding is to acquire real property for economic
1 9 development.
1 10 Sec. 2. Section 6A.4, subsection 6, Code 1997, is amended
1 11 to read as follows:
1 12 6. CITIES. Upon all cities for public purposes which are
1 13 reasonable and necessary as an incident to the powers and
1 14 duties conferred upon cities. However, a city shall not
1 15 condemn real property assessed as agricultural land for
1 16 taxation purposes if the purpose of the condemnation
1 17 proceeding is to acquire real property for economic
1 18 development.
1 19 Sec. 3. Section 331.304, subsection 8, Code 1997, is
1 20 amended to read as follows:
1 21 8. The power to take private property for public use shall
1 22 only be exercised by counties for public purposes which are
1 23 reasonable and necessary as an incident to the powers and
1 24 duties conferred upon counties, and in accordance with
1 25 chapters 6A and 6B. However, a county shall not condemn real
1 26 property assessed as agricultural property for taxation
1 27 purposes if the purpose of the condemnation proceeding is to
1 28 acquire real property for economic development. Sections
1 29 306.19 and 306.28 to 306.37 are also applicable to
1 30 condemnation of right of way for secondary roads.
1 31 Sec. 4. Section 403.5, subsection 4, paragraph b,
1 32 subparagraph (2), Code 1997, is amended to read as follows:
1 33 (2) If it is to be developed for nonresidential uses, the
1 34 local governing body shall determine that such nonresidential
1 35 uses are necessary and appropriate to facilitate the proper
2 1 growth and development of the community in accordance with
2 2 sound planning standards and local community objectives. The
2 3 acquisition may require the exercise of governmental action,
2 4 as provided in this chapter, because of defective or unusual
2 5 conditions of title, diversity of ownership, tax delinquency,
2 6 improper subdivisions, outmoded street patterns, deterioration
2 7 of site, economic disuse, unsuitable topography or faulty lot
2 8 layouts, or because of the need for the correlation of the
2 9 area with other areas of a municipality by streets and modern
2 10 traffic requirements, or any combination of such factors or
2 11 other conditions which retard development of the area.
2 12 However, a municipality shall not condemn an area of open land
2 13 assessed as agricultural land for taxation purposes if the
2 14 purpose of the condemnation proceeding is to acquire land for
2 15 economic development.
2 16 Sec. 5. Section 403.7, Code 1997, is amended to read as
2 17 follows:
2 18 403.7 CONDEMNATION OF PROPERTY.
2 19 A municipality shall have the right to acquire by
2 20 condemnation any interest in real property, including a fee
2 21 simple title thereto, which it may deem necessary for or in
2 22 connection with an urban renewal project under this chapter.
2 23 However, a municipality shall not condemn real property
2 24 assessed as agricultural property for taxation purposes if the
2 25 purpose of the condemnation proceeding is to acquire real
2 26 property for economic development. A municipality may
2 27 exercise the power of eminent domain in the manner provided in
2 28 chapter 6B, and Acts amendatory to that chapter or
2 29 supplementary to that chapter, or it may exercise the power of
2 30 eminent domain in the manner now or which may be hereafter
2 31 provided by any other statutory provisions for the exercise of
2 32 the power of eminent domain. Property already devoted to a
2 33 public use may be acquired in like manner. However, real
2 34 property belonging to the state, or any political subdivision
2 35 of this state, shall not be acquired without its consent, and
3 1 real property or any right or interest in the property owned
3 2 by any public utility company, pipeline company, railway or
3 3 transportation company vested with the right of eminent domain
3 4 under the laws of this state, shall not be acquired without
3 5 the consent of the company, or without first securing, after
3 6 due notice to the company and after hearing, a certificate
3 7 authorizing condemnation of the property from the board,
3 8 commission or body having the authority to grant a certificate
3 9 authorizing condemnation. In a condemnation proceeding, if a
3 10 municipality proposes to take a part of a lot or parcel of
3 11 real property, the municipality shall also take the remaining
3 12 part of the lot or parcel if requested by the owner.
3 13 EXPLANATION
3 14 This bill prohibits cities and counties from acquiring by
3 15 condemnation real property assessed as agricultural property
3 16 for purposes of taxation if the purpose of the condemnation
3 17 proceeding is to acquire the real property for economic
3 18 development.
3 19 LSB 3317XS 77
3 20 sc/cf/24
Text: SF02041 Text: SF02043 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 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: Wed Mar 11 03:40:03 CST 1998
URL: /DOCS/GA/77GA/Legislation/SF/02000/SF02042/980120.html
jhf