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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