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House Journal: Page 1258: Wednesday, April 16, 1997

H-1687

 1     Amend Senate File 432, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 15, by striking the word
 4   "assessed" and inserting the following:  "appraised".
 5     2.  Page 1, line 18, by striking the word
 6   "assessed" and inserting the following:  "appraised".
 7     3.  By striking page 1, line 32, through page 2,
 8   line 21, and inserting the following:
 9     "306.23  NOTICE - PREFERENCE OF SALE.
10     1.  For the sale of unused right-of-way notice of
11   intention to sell the tract, parcel, or piece of land,
12   or part thereof, must be sent, not less than ten days
13   prior to the sale, by certified mail, by the The
14   agency in control of the land, a tract, parcel, or
15   piece of land, or part thereof, which is unused right-
16   of-way shall send by certified mail to the last known
17   address of the present owner of adjacent land from
18   which the tract, parcel, piece of land, or part
19   thereof, was originally bought purchased or
condemned
20   for highway purposes, and if located in a city, to the
21   mayor to the person who owned the land at the time
it
22   was purchased or condemned for highway purposes,
23   notice of the agency's intent to sell the land, the
24   name and address of any other person to whom a notice
25   was sent, and the fair market value of the real
26   property based upon an appraisal by an independent
27   appraiser.
28     2.  The notice shall give an opportunity to the
29   present owner of adjacent property and to the person
30   who owned the land at the time it was purchased or
31   condemned for highway purposes to be heard and make
32   offers within sixty days of the date the notice is
33   mailed for the tract, parcel, or piece of land to be
34   sold, and if the offer is equal to.  An offer which
35   equals or exceeds in amount any other offer
received,
36   it and which equals or exceeds the fair market value
37   of the property shall be given preference by the
38   agency in control of the land.  Neglect or failure for
39   any reason, to comply with the notice, does not
40   prevent the giving of a clear title to the purchaser
41   of the tract, parcel, or piece of land.  If no
offers
42   are received within sixty days or if no offer equals
43   or exceeds the fair market value of the land, the
44   agency shall transfer the land for a public purpose or
45   proceed with the sale of the property.
46     3.  For the purposes of this section, "public
47   purpose" means the transfer to a state agency or a
48   city, county, or other political subdivision for a
49   public purpose.
50     Sec. ___.  APPLICABILITY DATE.  Section 2 of this

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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