Text: H01220 Text: H01222 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-1116, to House File 476 as
1 2 follows:
1 3 #1. Page 1, by inserting after line 1 the
1 4 following:
1 5 "# . Page 1, line 33, by inserting after the
1 6 figure "403.17," the following: "or to a recreational
1 7 trail if the state transportation commission has
1 8 approved the use of eminent domain under section
1 9 307A.2, subsection 16, or if the natural resource
1 10 commission has approved the use of eminent domain
1 11 under section 455A.5, subsection 7,"."
1 12 #2. Page 2, by inserting before line 36 the
1 13 following:
1 14 "# . Page 17, by inserting after line 11 the
1 15 following:
1 16 "Sec. ___. Section 307A.2, Code 1999, is amended
1 17 by adding the following new subsection:
1 18 NEW SUBSECTION. 16. Review all applications
1 19 submitted by acquiring agencies requesting approval
1 20 for an acquiring agency to exercise eminent domain
1 21 authority over agricultural land for routing a
1 22 recreational trail and determine whether the use of
1 23 such authority is necessary for the routing of a
1 24 recreational trail.
1 25 Approval of an application by an acquiring agency
1 26 to exercise the right of eminent domain to acquire
1 27 agricultural land for a recreational trail may be
1 28 granted for a specific land area upon a finding of
1 29 public necessity. When making a determination of
1 30 public necessity, the commission shall consider all of
1 31 the following:
1 32 a. The feasibility of acquiring the agricultural
1 33 land by methods other than condemnation.
1 34 b. The public cost and public benefit of locating
1 35 the trail where it is most feasible to maintain or
1 36 enhance public safety.
1 37 c. The existence of willing sellers at other
1 38 locations in the area which locations would provide
1 39 the same level of public safety.
1 40 d. The ability to adapt the recreational trail
1 41 plans to avoid the use of condemnation.
1 42 For purposes of this subsection, "acquiring agency"
1 43 means the same as in section 6B.58.""
1 44 #3. Page 3, by inserting after line 4 the
1 45 following:
1 46 "# . Page 21, by inserting after line 15 the
1 47 following:
1 48 "Sec. ___. Section 455A.5, Code 1999, is amended
1 49 by adding the following new subsection:
1 50 NEW SUBSECTION. 7. The commission shall review
2 1 all applications submitted by acquiring agencies
2 2 requesting approval for an acquiring agency to
2 3 exercise eminent domain authority over agricultural
2 4 land for routing a recreational trail and shall
2 5 determine whether the use of such authority is
2 6 necessary for the routing of a recreational trail.
2 7 Approval of an application by an acquiring agency
2 8 to exercise the right of eminent domain to acquire
2 9 agricultural land for a recreational trail may be
2 10 granted for a specific land area upon a finding of
2 11 public necessity. When making a determination of
2 12 public necessity, the commission shall consider all of
2 13 the following:
2 14 a. The feasibility of acquiring the agricultural
2 15 land by methods other than condemnation.
2 16 b. The public cost and public benefit of locating
2 17 the trail where it is most feasible to maintain and
2 18 enhance public safety.
2 19 c. The existence of willing sellers at other
2 20 feasible locations in the area which locations would
2 21 provide the same level of public safety.
2 22 d. The ability to adapt the recreational trail
2 23 plans to avoid the use of condemnation.
2 24 For purposes of this subsection, "acquiring agency"
2 25 means the same as in section 6B.58.""
2 26 #4. By renumbering as necessary.
2 27
2 28
2 29
2 30 WITT of Black Hawk
2 31
2 32
2 33
2 34 FALLON of Polk
2 35 HF 476.706 78
2 36 sc/sc
Text: H01220 Text: H01222 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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