Text: HF00392 Text: HF00394 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 317.9, Code 1999, is amended to read as 1 2 follows: 1 3 317.9 DUTY OF BOARD TO ENFORCE. 1 4 The responsibility for the enforcement of the provisions of 1 5 this chapter shall be vested in the board of supervisors as to 1 6 all farm lands,; railroad lands,; railroad rights of way 1 7 acquired pursuant to section 327G.81; abandoned cemeteries,; 1 8 state lands and state parks,; primary and secondary roads; and 1 9 roads, streets, and other lands within cities unless otherwise 1 10 provided. 1 11 Sec. 2. Section 317.14, subsection 3, Code 1999, is 1 12 amended to read as follows: 1 13 3. That unlesssaidthe order is complied with, the weed 1 14 commissioner shall causesaidthe weeds to be destroyed and 1 15 the cost thereof will be taxed against the real estate on 1 16 which the noxious weeds are destroyed, regardless of whether 1 17 the real estate is exempt from property taxation. 1 18 Sec. 3. Section 317.21, subsection 1, Code 1999, is 1 19 amended to read as follows: 1 20 1. Annually, after the weed commissioner has completed the 1 21 program of destruction of weeds by reason of noncompliance by 1 22 persons responsible for the destruction, the board of 1 23 supervisors shall determine as to each tract of real estate 1 24 the actual cost of labor and materials used by the 1 25 commissioner in cutting, burning, or otherwise destroying the 1 26 weeds, the cost of serving notice, and of special meetings or 1 27 proceedings, if any. To the total of all sums expended, the 1 28 board shall add an amount equal to twenty-five percent of that 1 29 total to compensate for the cost of supervision and 1 30 administration and assess the resulting sum against the tract 1 31 of real estate by a special tax, which shall be certified to 1 32 the county auditor and county treasurer by the clerk of the 1 33 board of supervisors, and shall be placed upon the tax books, 1 34 and collected, with interest after delinquent, in the same 1 35 manner as other unpaid taxes, regardless of whether the real 2 1 estate is exempt from property taxation. The tax shall be due 2 2 on March 1 after assessment, and shall be delinquent from 2 3 April 1 after due, including those instances when the last day 2 4 of March is a Saturday or Sunday. When collected, the moneys 2 5 shall be paid into the fund from which the costs were 2 6 originally paid. An appropriation by a county for purposes of 2 7 the county weed commissioner shall be deemed payment of any 2 8 tax assessed against the county pursuant to this subsection. 2 9 Sec. 4. Section 359A.3, Code 1999, is amended to read as 2 10 follows: 2 11 359A.3 POWERS OF FENCE VIEWERS. 2 12 The fence viewersshall have power tomay determine any 2 13 controversy arising under this chapter, including 2 14 controversies arising over fences along rights of way acquired 2 15 pursuant to section 327G.81, upon giving five days' notice in 2 16 writing to the opposite party or parties, prescribing the time 2 17 and place of meeting to hear and determine the matter named in 2 18saidthe notice. Upon request of any landowner, the fence 2 19 viewers shall give such notice to all adjoining landowners 2 20 liable for the erection, maintenance, rebuilding, trimming, or 2 21 cutting back, or repairing of a partition fence, or to pay for 2 22 an existing hedge or fence. 2 23 Sec. 5. Section 465B.4, Code 1999, is amended by adding 2 24 the following new unnumbered paragraph: 2 25 NEW UNNUMBERED PARAGRAPH. An award, disbursement, or 2 26 expenditure of funds shall not be made by the state department 2 27 of transportation for recreation trails acquired, constructed, 2 28 or improved on a railroad right of way unless the person in 2 29 control of the railroad right of way is in compliance with 2 30 section 327G.81. 2 31 EXPLANATION 2 32 This bill makes several changes in Code language relating 2 33 to railroad rights of way which are acquired by a person other 2 34 than a railroad. 2 35 The bill amends Code section 317.9, relating to the duty of 3 1 a county board of supervisors to enforce provisions regulating 3 2 noxious weeds, to specify that county boards of supervisors 3 3 are responsible for enforcing such provisions in regard to 3 4 railroad rights of way acquired by persons other than a 3 5 railroad. 3 6 Code section 317.14 is amended to specify that notice to 3 7 property owners of an order issued by a county board of 3 8 supervisors providing a program of weed control shall state 3 9 that the costs of weed destruction by order of the weed 3 10 commissioner shall be taxed against the property on which the 3 11 weeds were destroyed, regardless of the property's tax-exempt 3 12 status, if the property owner did not comply with the program. 3 13 Currently, the Code does not specify that such costs shall be 3 14 taxed against the property regardless of the property's tax- 3 15 exempt status. 3 16 The bill also amends Code section 317.21, relating to 3 17 assessment of the costs of weed destruction against landowners 3 18 who fail to comply with a program of weed control, to provide 3 19 that such costs shall be assessed regardless of whether the 3 20 real estate is exempt from property taxation. However, an 3 21 appropriation by a county for purposes of the county weed 3 22 commissioner shall be deemed payment of any such assessment of 3 23 costs against the county. 3 24 Code section 359A.3, relating to powers of fence viewers, 3 25 is amended to specify that fence viewers may determine a 3 26 controversy arising over a fence located along a railroad 3 27 right of way if the railroad right of way was acquired by a 3 28 person other than a railroad. 3 29 The bill also amends Code section 465B.4 to provide that 3 30 any award, disbursement, or expenditure of funds shall not be 3 31 made by the department of transportation for recreation trails 3 32 acquired, constructed, or improved on a railroad right of way 3 33 unless the person in control of the railroad right of way 3 34 complies with the requirements of Code section 327G.81. Code 3 35 section 327G.81 requires a person who acquires a railroad 4 1 right of way for a purpose other than farming to be 4 2 responsible for fences, crossings, drainage, and weed control 4 3 in relation to the right of way. 4 4 LSB 2210HH 78 4 5 nh/sc/14
Text: HF00392 Text: HF00394 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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