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House Amendment 1116

Amendment Text

PAG LIN
  1  1    Amend House File 476 as follows:
  1  2    #1.  Page 1, line 33, by inserting after the figure
  1  3 "403.17," the following:  "or to an industry if the
  1  4 economic development board has approved the use of
  1  5 eminent domain under section 15.104, subsection 9,".
  1  6    #2.  Page 2, line 24, by striking the word "that"
  1  7 and inserting the following:  "than".
  1  8    #3.  Page 6, line 6, by inserting after the word
  1  9 "filing." the following:  "After filing and indexing,
  1 10 the county recorder shall file a copy of the
  1 11 application with the office of secretary of state.
  1 12    PARAGRAPH DIVIDED."
  1 13    #4.  Page 6, line 35, by striking the word
  1 14 "regular" and inserting the following:  "ordinary".
  1 15    #5.  Page 8, line 26, by striking the words "or
  1 16 tenant" and inserting the following:  "or tenant".
  1 17    #6.  Page 8, line 28, by striking the words "or
  1 18 tenant's" and inserting the following:  "or tenant's".
  1 19    #7.  Page 8, line 35, by striking the words "or
  1 20 tenant" and inserting the following:  "or tenant".
  1 21    #8.  Page 9, line 1, by inserting after the word
  1 22 "owner" the following:  "or tenant".
  1 23    #9.  Page 9, line 3, by inserting after the word
  1 24 "owner's" the following:  "or tenant's".
  1 25    #10.  Page 10, by inserting after line 16 the
  1 26 following:
  1 27    "Sec.    .  Section 6B.38, Code 1999, is amended by
  1 28 adding the following new unnumbered paragraph:
  1 29    NEW UNNUMBERED PARAGRAPH.  The county recorder
  1 30 shall file a copy of the sheriff's statement required
  1 31 by section 6B.35, subsection 5, with the office of the
  1 32 secretary of state."
  1 33    #11.  Page 14, by inserting after line 27, the
  1 34 following:
  1 35    "Sec.    .  NEW SECTION.  9.2A  RECORDS RELATING TO
  1 36 CONDEMNATION.
  1 37    9.2A  RECORDS RELATING TO CONDEMNATION.
  1 38    The secretary of state shall receive and preserve
  1 39 in the secretary's office all papers transmitted to
  1 40 the secretary in relation to condemnation and shall
  1 41 keep an alphabetical list of acquiring agencies in a
  1 42 book provided for that purpose, in which shall be
  1 43 entered the name of the acquiring agency, the county
  1 44 in which the real property is located, and the date
  1 45 the condemnation application was filed.
  1 46    Sec.    .  Section 15.104, Code 1999, is amended by
  1 47 adding the following new subsection:
  1 48    NEW SUBSECTION.  9.  Review all applications
  1 49 submitted by cities requesting approval for the city
  1 50 to exercise eminent domain authority over agricultural
  2  1 land and determine whether the use of such authority
  2  2 is necessary for the placement of an industry in the
  2  3 community.  The application may only include land
  2  4 located for at least three years within the
  2  5 incorporated boundaries of the city.
  2  6    Approval of an application by a city to exercise
  2  7 the right of eminent domain to acquire agricultural
  2  8 land for an industry may be granted for a specific
  2  9 land area upon a finding of public necessity.  When
  2 10 making a determination of public necessity, the board
  2 11 shall consider all of the following:
  2 12    a.  The feasibility of acquiring the agricultural
  2 13 land by methods other than condemnation.
  2 14    b.  The public cost and public benefit from
  2 15 locating the industry on the agricultural land.
  2 16    c.  The existence of willing sellers at other
  2 17 feasible locations in the state.
  2 18    d.  The ability to adapt the industry development
  2 19 plans to avoid the use of condemnation.
  2 20    e.  The existence of a specific industry to be
  2 21 located on the agricultural land.
  2 22    f.  The amount of land requested to be condemned
  2 23 compared to the total amount of land needed for the
  2 24 project.
  2 25    If a city acquires property by condemnation, or by
  2 26 otherwise exercising the power of eminent domain, and
  2 27 that property is later sold by the city for more than
  2 28 the acquisition price paid to the landowner, the city
  2 29 shall pay to the landowner from whom the property was
  2 30 acquired the difference between the price at which it
  2 31 was acquired and the price at which it was sold by the
  2 32 city less the cost of any improvements made to the
  2 33 land by the city.
  2 34    For purposes of this subsection, "industry" means
  2 35 the same as defined in section 260E.2."
  2 36    #12.  Page 18, by inserting after line 34, the
  2 37 following:
  2 38    "Sec.    .  Section 331.602, subsection 24, Code
  2 39 1999, is amended to read as follows:
  2 40    24.  Record papers, statements, and certificates
  2 41 relating to the condemnation of property as provided
  2 42 in section 6B.38, and carry out duties related to the
  2 43 filing of certain condemnation documents with the
  2 44 office of secretary of state.
  2 45    #13.  Page 19, line 5, by inserting after the word
  2 46 "condemnation" the following:  "or unless the economic
  2 47 development board approves the use of condemnation
  2 48 under section 15.104, subsection 9, for the purposes
  2 49 of locating an industry".
  2 50    #14.  Page 19, line 19, by inserting after the word
  3  1 "condemnation" the following:  "or unless the economic
  3  2 development board approves the use of condemnation
  3  3 under section 15.104, subsection 9, for the purposes
  3  4 of locating an industry".
  3  5    #15.  By renumbering as necessary.  
  3  6 
  3  7 
  3  8                               
  3  9 HOUSER of Pottawattamie 
  3 10 HF 476.301 78
  3 11 sc/cf
     

Text: H01115                            Text: H01117
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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