Text: HF02520 Text: HF02522 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2521 1 2 1 3 AN ACT 1 4 RELATING TO MANDATORY MEDIATION OF CERTAIN FARM DISPUTES PRIOR 1 5 TO INITIATION OF RELATED LITIGATION. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 654A.6, subsection 1, Code 1999, is 1 10 amended to read as follows: 1 11 1. a. A creditor subject to this chapter desiring to 1 12 initiate a proceeding to enforce a debt against agricultural 1 13 property which is real estate under chapter 654, to forfeit a 1 14 contract to purchase agricultural property under chapter 656, 1 15 to enforce a secured interest in agricultural property under 1 16 chapter 554, or to otherwise garnish, levy on, execute on, 1 17 seize, or attach agricultural property, shall file a request 1 18 for mediation with the farm mediation service. The creditor 1 19 shall not begin the proceeding subject to this chapter until 1 20 the creditor receives a mediation release, or until the court 1 21 determines after notice and hearing that the time delay 1 22 required for the mediation would cause the creditor to suffer 1 23 irreparable harm. Title to land that is agricultural property 1 24 is not affected by the failure of any creditor to receive a 1 25 mediation release regardless of its validity. The time period 1 26 for the notice of right to cure provided in section 654.2A 1 27 shall run concurrently with the time period for the mediation 1 28 period provided in this section and section 654A.10. 1 29 b. The requirements of paragraph "a" are jurisdictional 1 30 prerequisites to a creditor filing a civil action that 1 31 initiates a proceeding subject to this chapter. 1 32 Sec. 2. Section 654B.3, subsection 1, Code 1999, is 1 33 amended to read as follows: 1 34 1. a. A person who is a farm resident, or other party, 1 35 desiring to initiate a civil proceeding to resolve a dispute, 2 1 shall file a request for mediation with the farm mediation 2 2 service. The person shall not begin the proceeding until the 2 3 person receives a mediation release, or until the court 2 4 determines after notice and hearing that one of the following 2 5 applies: 2 6a.(1) The time delay required for the mediation would 2 7 cause the person to suffer irreparable harm. 2 8b.(2) The dispute involves a claim which has been brought 2 9 as a class action. 2 10 b. The requirements of paragraph "a" are jurisdictional 2 11 prerequisites to a person filing a civil action that initiates 2 12 a civil proceeding to resolve a dispute subject to this 2 13 chapter. 2 14 2 15 2 16 2 17 BRENT SIEGRIST 2 18 Speaker of the House 2 19 2 20 2 21 2 22 MARY E. KRAMER 2 23 President of the Senate 2 24 2 25 I hereby certify that this bill originated in the House and 2 26 is known as House File 2521, Seventy-eighth General Assembly. 2 27 2 28 2 29 2 30 ELIZABETH ISAACSON 2 31 Chief Clerk of the House 2 32 Approved , 2000 2 33 2 34 2 35 3 1 THOMAS J. VILSACK 3 2 Governor
Text: HF02520 Text: HF02522 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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