Text: HF00471 Text: HF00473 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 472
1 2
1 3 AN ACT
1 4 RELATING TO BURIAL SITES ON PRIVATE PROPERTY.
1 5
1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 7
1 8 Section 1. Section 558.69, Code 1999, is amended to read
1 9 as follows:
1 10 558.69 REPORTING OF PRIVATE BURIAL SITES, WELLS, DISPOSAL
1 11 SITES, UNDERGROUND STORAGE TANKS, AND HAZARDOUS WASTE –
1 12 LIABILITY.
1 13 With each declaration of value submitted to the county
1 14 recorder under chapter 428A, there shall also be submitted a
1 15 statement regarding whether any known private burial site is
1 16 situated on the property, and if a known private burial site
1 17 is situated on the property, the statement shall state the
1 18 approximate location of the site. The statement shall also
1 19 state that no known wells are situated on the property, or if
1 20 known wells are situated on the property, the statement must
1 21 state the approximate location of each known well and its
1 22 status with respect to section 159.29 or 455B.190. The
1 23 statement shall also state that no known disposal site for
1 24 solid waste, as defined in section 455B.301, which has been
1 25 deemed to be potentially hazardous by the department of
1 26 natural resources, exists on the property, or if such a known
1 27 disposal site does exist, the location of the site on the
1 28 property. The statement shall additionally state that no
1 29 known underground storage tank, as defined in section
1 30 455B.471, subsection 11, exists on the property, or if a known
1 31 underground storage tank does exist, the type and size of the
1 32 tank, and any known substance in the tank. The statement
1 33 shall also state that no known hazardous waste as defined in
1 34 section 455B.411, subsection 3, or listed by the department
1 35 pursuant to section 455B.412, subsection 2, or section
2 1 455B.464, exists on the property, or if known hazardous waste
2 2 does exist, that the waste is being managed in accordance with
2 3 rules adopted by the department of natural resources. The
2 4 statement shall be signed by at least one of the sellers or
2 5 their agents. The county recorder shall refuse to record any
2 6 deed, instrument, or writing for which a declaration of value
2 7 is required under chapter 428A unless the statement required
2 8 by this section has been submitted to the county recorder. A
2 9 buyer of property shall be provided with a copy of the
2 10 statement submitted, and, following the fulfillment of this
2 11 provision, if the statement submitted reveals no private
2 12 burial site, well, disposal site, underground storage tank, or
2 13 hazardous waste on the property, the county recorder may
2 14 destroy the statement. The land application of sludges or
2 15 soils resulting from the remediation of underground storage
2 16 tank releases accomplished in compliance with department of
2 17 natural resources rules without a permit is not required to be
2 18 reported as the disposal of solid waste or hazardous waste.
2 19 If a declaration of value is not required, the above
2 20 information shall be submitted on a separate form. The
2 21 director of the department of natural resources shall
2 22 prescribe the form of the statement and the separate form to
2 23 be supplied by each county recorder in the state. The county
2 24 recorder shall transmit the statements to the department of
2 25 natural resources at times directed by the director of the
2 26 department.
2 27 The owner of the property is responsible for the accuracy
2 28 of the information submitted on the form. The owner's agent
2 29 shall not be liable for the accuracy of information provided
2 30 by the owner of the property. The provisions of this
2 31 paragraph do not limit liability which may be imposed under a
2 32 contract or under any other law.
2 33 Sec. 2. NEW SECTION. 566.35 BURIAL SITES LOCATED ON
2 34 PRIVATE PROPERTY.
2 35 1. If a person notifies a governmental subdivision or
3 1 agency of the existence within the jurisdiction of the
3 2 governmental subdivision or agency of a burial site of the
3 3 person's ancestor on property owned by another person, the
3 4 owner of the property shall permit the person reasonable
3 5 ingress and egress for the purposes of visiting the burial
3 6 site, and the governmental subdivision or agency shall notify
3 7 the owner of this obligation.
3 8 2. Pursuant to section 558.69, the declaration of value
3 9 submitted to the county recorder under chapter 428A shall also
3 10 include the existence of any known private burial site
3 11 situated on the property.
3 12
3 13
3 14
3 15 BRENT SIEGRIST
3 16 Speaker of the House
3 17
3 18
3 19
3 20 MARY E. KRAMER
3 21 President of the Senate
3 22
3 23 I hereby certify that this bill originated in the House and
3 24 is known as House File 472, Seventy-eighth General Assembly.
3 25
3 26
3 27
3 28 ELIZABETH ISAACSON
3 29 Chief Clerk of the House
3 30 Approved , 1999
3 31
3 32
3 33
3 34 THOMAS J. VILSACK
3 35 Governor
Text: HF00471 Text: HF00473 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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