Text: H01753 Text: H01755 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the Senate amendment, H-1536, to House File
1 2 476, as amended, passed, and reprinted by the House,
1 3 as follows:
1 4 #1. Page 1, line 11, by inserting after the word
1 5 "to" the following: "agricultural".
1 6 #2. Page 1, by striking lines 17 through 23.
1 7 #3. Page 1, by inserting after line 24 the
1 8 following:
1 9 "# . Page 5, line 2, by inserting after the word
1 10 "sought." the following: "For purposes of section
1 11 6B.4A, if condemnation of agricultural land is sought
1 12 by a city or county, or an agency of a city or county,
1 13 for location of an industry as that term is defined in
1 14 section 260E.2, the application shall so state.
1 15 However, the city or county shall not be required to
1 16 disclose information on an industrial prospect with
1 17 which the city or county is currently negotiating."
1 18 # . Page 7, by inserting after line 31 the
1 19 following:
1 20 "Sec. . NEW SECTION. 6B.4A REVIEW OF
1 21 APPLICATIONS BY COMPENSATION COMMISSION.
1 22 1. If a city or county, or an agency of a city or
1 23 county, has filed an application for condemnation of
1 24 agricultural land for industry, the application is
1 25 subject to review by the compensation commission
1 26 pursuant to this section.
1 27 2. At any time before the thirty-day notice of
1 28 assessment expires pursuant to section 6B.8, a
1 29 landowner may apply to the compensation commission for
1 30 review of the condemnation application to determine
1 31 whether the use of condemnation is necessary for the
1 32 placement of an industry in the community. When
1 33 reviewing an application, the commission shall
1 34 consider all of the following:
1 35 a. The feasibility of acquiring the agricultural
1 36 land by methods other than condemnation.
1 37 b. The public cost and public benefit from
1 38 locating the industry on the agricultural land.
1 39 c. The ability to adapt the industry development
1 40 plans to avoid the use of condemnation.
1 41 d. The existence of a specific industry to be
1 42 located on the agricultural land.
1 43 e. The amount of agricultural land requested to be
1 44 condemned compared to the total amount of agricultural
1 45 land needed for the project.
1 46 3. The commission shall approve or deny the
1 47 application for condemnation within thirty days of
1 48 receiving a request to review the condemnation
1 49 application. A majority vote of the commission
1 50 members is necessary to approve or deny a condemnation
2 1 application. The sheriff shall notify the landowner
2 2 and condemner of the commission's determination by
2 3 certified mail.
2 4 4. A determination made by the compensation
2 5 commission pursuant to this section shall be final
2 6 unless appealed from. An appeal must be filed with
2 7 the district court within thirty days of mailing the
2 8 commission's determination to the condemner and the
2 9 landowner. At the time of appeal, the appellant shall
2 10 give written notice that the appeal has been taken to
2 11 the adverse party, or the adverse party's agent or
2 12 attorney. Notice of an appeal shall be served in the
2 13 same manner as an original notice. The appeal shall
2 14 be docketed in the name of the person appealing and
2 15 all other interested parties to the action shall be
2 16 defendants.
2 17 5. This section does not apply to condemnation of
2 18 agricultural land if the industry is an eligible
2 19 business under section 15.329 and the department of
2 20 economic development enters into an agreement under
2 21 section 15.330 with the industry.
2 22 6. For purposes of this section, "industry" means
2 23 the same as defined in section 260E.2."
2 24 # . Page 8, line 22, by inserting after the word
2 25 "notices." the following: "If a city or county, or an
2 26 agency of a city or county, is seeking to condemn
2 27 agricultural land for an industry as that term is
2 28 defined in section 260E.2, the notice shall inform the
2 29 landowner that the landowner may request that the
2 30 compensation commission review the application as
2 31 provided in section 6B.4A.""
2 32 #4. By striking page 1, line 25, through page 2,
2 33 line 13.
2 34 #5. Page 2, by inserting before line 14 the
2 35 following:
2 36 "# . Page 16, line 5, by inserting after the
2 37 word "to" the following: "or benefiting"."
2 38 #6. Page 2, line 23, by inserting before the word
2 39 "land" the following: "agricultural".
2 40 #7. Page 2, line 26, by inserting before the word
2 41 "land" the following: "agricultural".
2 42 #8. Page 2, line 35, by striking the word "is" and
2 43 inserting the following: "has been".
2 44 #9. Page 2, line 36, by inserting after the word
2 45 "commodities" the following: "during three out of the
2 46 past five years".
2 47 #10. Page 2, line 48, by inserting after the word
2 48 "certified" the following: "or associate".
2 49 #11. By renumbering as necessary.
2 50
3 1
3 2
3 3 HOUSER of Pottawattamie
3 4
3 5
3 6
3 7 ARNOLD of Lucas
3 8
3 9
3 10
3 11 FALLON of Polk
3 12 HF 476.535 78
3 13 sc/jw
Text: H01753 Text: H01755 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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