Text: H01769 Text: H01771 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 figure
1 5 "403.17," the following: "or to the state's portion
1 6 of the American discovery trail if the state
1 7 transportation commission has approved the use of
1 8 eminent domain under section 307A.2, subsection 16,
1 9 and if the natural resource commission has approved
1 10 the use of eminent domain under section 455A.5,
1 11 subsection 7,".
1 12 #2. Page 2, by inserting after line 20 the
1 13 following:
1 14 "# . Page 19, by inserting after line 24 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 the
1 22 state's portion of the American discovery trail and
1 23 determine whether the use of such authority is
1 24 necessary for the routing of that portion of the
1 25 trail.
1 26 The commission shall give preference to
1 27 applications for the acquisition for trail routes
1 28 which use existing or abandoned railroad rights of
1 29 way, road and highway rights of way, river valleys,
1 30 and natural greenbelts. When reviewing an
1 31 application, the commission shall consider all of the
1 32 following:
1 33 a. The feasibility of acquiring the agricultural
1 34 land by methods other than condemnation.
1 35 b. The public cost and public benefit of locating
1 36 the trail where it is most feasible to maintain or
1 37 enhance public safety.
1 38 c. The existence of willing sellers at other
1 39 locations in the area which locations would provide
1 40 the same level of public safety.
1 41 d. The ability to adapt the trail plans to avoid
1 42 the use of condemnation.
1 43 For purposes of this subsection, "acquiring agency"
1 44 means the same as in section 6B.58.""
1 45 #3. Page 2, by inserting after line 39 the
1 46 following:
1 47 "Sec. ___. Section 455A.5, Code 1999, is amended
1 48 by adding the following new subsection:
1 49 NEW SUBSECTION. 7. The commission shall review
1 50 all applications submitted by acquiring agencies
2 1 requesting approval for an acquiring agency to
2 2 exercise eminent domain authority over agricultural
2 3 land for routing the state's portion of the American
2 4 discovery trail and determine whether the use of such
2 5 authority is necessary for the routing of that portion
2 6 of the trail.
2 7 The commission shall give preference to
2 8 applications for the acquisition for trail routes
2 9 which use existing or abandoned railroad rights of
2 10 way, road and highway rights of way, river valleys,
2 11 and natural greenbelts. When reviewing an
2 12 application, the commission shall consider all of the
2 13 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 trail plans to avoid
2 23 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 DOTZLER of Black Hawk
2 31 HF 476.218 78
2 32 sc/gg
Text: H01769 Text: H01771 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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