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House File 2528

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2528
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE CONDEMNATION OF PRIVATE PROPERTY FOR CERTAIN
  1  5    PUBLIC PURPOSES AND PROVIDING AN EFFECTIVE DATE.
  1  6  
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8  
  1  9    Section 1.  Section 6B.1, Code 1999, is amended to read as
  1 10 follows:
  1 11    6B.1  PROCEDURE PROVIDED.
  1 12    The procedure for the condemnation of private property for
  1 13 works of internal improvement, and for other public projects,
  1 14 uses and, or purposes, unless and except as otherwise provided
  1 15 by law, shall be in accordance with the provisions of this
  1 16 chapter.  This chapter shall not apply to the dedication of
  1 17 property to an acquiring agency or to the voluntary
  1 18 negotiation and purchase of property by an acquiring agency.
  1 19    Sec. 2.  Section 6B.2A, subsection 1, Code Supplement 1999,
  1 20 is amended to read as follows:
  1 21    1.  An acquiring agency shall provide written notification
  1 22 notice of a public hearing to each owner and any contract
  1 23 purchaser of record of private property agricultural land that
  1 24 may be the subject of condemnation.  The authority under this
  1 25 chapter is not conferred and condemnation proceedings shall
  1 26 not begin unless a good faith effort is made to serve mail and
  1 27 publish the notice as provided in this section on the owner
  1 28 and any contract purchaser of record of the property subject
  1 29 to condemnation.  The notice shall be mailed by ordinary mail,
  1 30 not less than thirty days before the date the hearing is held,
  1 31 to the owner and any contract purchaser of record's record of
  1 32 each property or property interest at the owner's and contract
  1 33 purchaser's last known address no less than thirty days as
  1 34 shown in the records of the county auditor not less than seven
  1 35 days nor more than fourteen days prior to the date of mailing.
  2  1 A change in ownership of any such property which is not
  2  2 reflected in the records of the county auditor during the
  2  3 period those records are searched as above provided shall not
  2  4 affect the validity of the notice or any condemnation
  2  5 proceeding commenced on the basis of such notice.  The notice
  2  6 shall be given and the public hearing held before adoption of
  2  7 the ordinance, resolution, motion, or other declaration of
  2  8 intent to proceed with fund the final site-specific design for
  2  9 the public improvement, to make the final selection of the
  2 10 route or site location for the public improvement and the
  2 11 acquisition or condemnation, or to acquire or condemn, if
  2 12 necessary, all or a portion of the property or an interest in
  2 13 the property for the public improvement.  If the location of
  2 14 the public improvement is changed or expanded after the
  2 15 decision has been made to proceed with the public improvement,
  2 16 a notice shall be mailed by ordinary mail no less than thirty
  2 17 days before the adoption of the ordinance, resolution, motion,
  2 18 or other declaration of intent to proceed with a change in the
  2 19 location of the public improvement to the owner and any
  2 20 contract purchaser of record of the land to be acquired or
  2 21 condemned, if necessary, in the new location of the public
  2 22 improvement affected by the change.  The notice shall include
  2 23 the statement of individual rights required under section
  2 24 6B.2B.  The mailed notice shall, at a minimum, include the
  2 25 following information:
  2 26    a.  The general nature of the public improvement.
  2 27    b.  The acquiring agency's intended use of the private
  2 28 property A statement of the possibility that the acquiring
  2 29 agency may acquire part or all of the property or interest in
  2 30 the property by condemnation for the public improvement.
  2 31    c.  The process to be followed by the acquiring agency in
  2 32 making the decision to proceed with the public improvement and
  2 33 the acquisition or condemnation fund the final site-specific
  2 34 design for the public improvement, to make the final selection
  2 35 of the route or site location, or to acquire or condemn, if
  3  1 necessary, all or a portion of the property or an interest in
  3  2 the property for public improvement.
  3  3    d.  The time, and place, and manner of a public hearing at
  3  4 which an opportunity is provided for public input into the
  3  5 decision to proceed with the public improvement and the
  3  6 acquisition or condemnation fund the final site-specific
  3  7 design for the public improvement, to make the final selection
  3  8 of the route or site location, or to acquire or condemn, if
  3  9 necessary, all or a portion of the property or an interest in
  3 10 the property for the public improvement.
  3 11    e.  The current status in the planning process for the
  3 12 public improvement, including meetings held and decisions made
  3 13 The name, address, and telephone number of the person
  3 14 designated by the acquiring agency as the person to contact
  3 15 regarding the public improvement.
  3 16    f.  A statement of rights of individual property owners
  3 17 with respect to the acquisition of their property and the
  3 18 availability of relocation benefits.  The attorney general
  3 19 shall adopt by rule pursuant to chapter 17A a statement of
  3 20 rights which may be used in substantial form by any person
  3 21 required to provide the statement of rights as provided in
  3 22 this section.
  3 23    Sec. 3.  Section 6B.2A, subsections 2 and 3, Code
  3 24 Supplement 1999, are amended by striking the subsections and
  3 25 inserting in lieu thereof the following:
  3 26    2.  The acquiring agency shall cause a notice to be
  3 27 published once in a newspaper of general circulation in the
  3 28 county or city where the agricultural land is located.  The
  3 29 notice shall be published at least four but no more than
  3 30 twenty days before the public hearing is held as referred to
  3 31 in subsection 1.  The published notice shall, at a minimum,
  3 32 include the following information:
  3 33    a.  The general nature of the public improvement.
  3 34    b.  A statement of the possibility that the acquiring
  3 35 agency may acquire part or all of the property or an interest
  4  1 in the property by condemnation for the public improvement.
  4  2    c.  The process to be followed by the acquiring agency in
  4  3 making the decision to fund the final site-specific design for
  4  4 the public improvement, to make the final selection of the
  4  5 route or site location, or to acquire or condemn, if
  4  6 necessary, all or a portion of the property or an interest in
  4  7 the property for the public improvement.
  4  8    d.  The time and place of a public hearing at which an
  4  9 opportunity is provided for public input into the decision to
  4 10 fund the final site-specific design for the public
  4 11 improvement, to make the final selection of the route or site
  4 12 location, or to acquire or condemn, if necessary, all or a
  4 13 portion of the property or an interest in the property for the
  4 14 public improvement.
  4 15    e.  The name, address, and telephone number of the contact
  4 16 person regarding the public improvement.
  4 17    3.  If the acquiring agency is a person required to obtain
  4 18 a franchise under chapter 478, compliance with section 478.2
  4 19 shall satisfy the notice requirements of this section.  If the
  4 20 acquiring agency is a person required to obtain a permit under
  4 21 chapter 479, compliance with section 479.5 shall satisfy the
  4 22 notice requirements of this section.
  4 23    4.  This section shall not apply to a condemnation of
  4 24 property by the state department of transportation for right-
  4 25 of-way that is contiguous to an existing road right-of-way and
  4 26 necessary for the maintenance, safety improvement, or repair
  4 27 of the existing road.
  4 28    Sec. 4.  Section 6B.2A, Code Supplement 1999, is amended by
  4 29 adding the following new subsection:
  4 30    NEW SUBSECTION.  5.  The time deadlines in this section do
  4 31 not apply during the existence of an emergency requiring the
  4 32 construction or repair of public improvements in situations
  4 33 where failure to immediately construct or repair would result
  4 34 in immediate danger to public health, safety, or welfare.  The
  4 35 notices required in this section shall be provided to the
  5  1 owner as soon as practicable.
  5  2    Sec. 5.  Section 6B.2B, subsection 1, Code Supplement 1999,
  5  3 is amended to read as follows:
  5  4    1.  The acquiring agency shall make a good faith effort to
  5  5 negotiate with the owner to purchase the private property or
  5  6 property interest before filing an application for
  5  7 condemnation or otherwise proceeding with the condemnation
  5  8 process.  An acquiring agency shall not make an offer to
  5  9 purchase the property or property interest that is less than
  5 10 the fair market value the acquiring agency has established for
  5 11 the property or property interest pursuant to the appraisal
  5 12 required in section 6B.45.  However, an acquiring agency need
  5 13 not make an offer in excess of that amount in order to satisfy
  5 14 the requirement to negotiate in good faith.  An acquiring
  5 15 agency is deemed to have met the requirements of this section
  5 16 if the acquiring agency complies with section 6B.54.
  5 17    Sec. 6.  Section 6B.2B, subsection 2, Code Supplement 1999,
  5 18 is amended by striking the subsection.
  5 19    Sec. 7.  NEW SECTION.  6B.2C  APPROVAL OF THE PUBLIC
  5 20 IMPROVEMENT.
  5 21    The authority to condemn is not conferred, and the
  5 22 condemnation proceedings shall not commence, unless the
  5 23 governing body for the acquiring agency approves the use of
  5 24 condemnation and there is a reasonable expectation the
  5 25 applicant will be able to achieve its public purpose, comply
  5 26 with all applicable standards, and obtain the necessary
  5 27 permits.
  5 28    Sec. 8.  Section 6B.3, subsection 1, paragraph g, Code
  5 29 Supplement 1999, is amended to read as follows:
  5 30    g.  A showing of the minimum amount of land necessary to
  5 31 achieve the public purpose and the amount of land to be
  5 32 acquired by condemnation for the public improvement.  Any land
  5 33 to be acquired by condemnation beyond the necessary minimum to
  5 34 complete the project shall be presumed not to be necessary for
  5 35 a public use or public purpose unless the applicant can show
  6  1 that a substantial need exists for the additional property to
  6  2 achieve the public use or public purpose, or that the land in
  6  3 question is of constitutes an uneconomical remnant that has
  6  4 little or no value or utility to the owner, or that the owner
  6  5 consents to the condemnation.
  6  6    Sec. 9.  Section 6B.3, subsection 2, Code Supplement 1999,
  6  7 is amended by striking the subsection and inserting in lieu
  6  8 thereof the following:
  6  9    2.  The applicant shall mail a copy of the application by
  6 10 certified mail to the owner at the owner's last known address
  6 11 and to any record lienholder or encumbrancer of the property
  6 12 at the lienholder's or encumbrancer's last known address.  The
  6 13 applicant shall also cause the application to be published
  6 14 once in a newspaper of general circulation in the county, not
  6 15 less than four nor more than twenty days before the meeting of
  6 16 the compensation commission to assess the damages.  Service of
  6 17 the application by publication shall be deemed complete on the
  6 18 day of publication.
  6 19    In lieu of mailing and publishing the application, the
  6 20 applicant may cause the application to be served upon the
  6 21 owner, lienholders, and encumbrancers of the property in the
  6 22 manner provided by the Iowa rules of civil procedure for the
  6 23 personal service of original notice.  The application shall be
  6 24 mailed and published or served, as above provided, prior to or
  6 25 contemporaneously with the mailing and publication or service
  6 26 of the list of compensation commissioners as provided in
  6 27 section 6B.4.
  6 28    Sec. 10.  Section 6B.4, unnumbered paragraph 2, Code
  6 29 Supplement 1999, is amended to read as follows:
  6 30    The chief judge of the judicial district or the chief
  6 31 judge's designee shall select by lot six persons from the
  6 32 list, two persons who are owner-operators of agricultural
  6 33 property when the property to be condemned is agricultural
  6 34 property; two persons who are owners of city property when the
  6 35 property to be condemned is other than agricultural property;
  7  1 and two persons from each of the remaining two representative
  7  2 groups, who shall constitute a compensation commission to
  7  3 assess the damages to all property to be taken by the
  7  4 applicant and located in the county, and shall name a
  7  5 chairperson from the persons selected.  The chief judge or the
  7  6 judge's designee may appoint such alternate members and
  7  7 chairpersons to the commission as are deemed necessary and
  7  8 appropriate under the circumstances.  A person shall not be
  7  9 selected as a member or alternate member of the compensation
  7 10 commission if the person possesses any interest in the
  7 11 proceeding which would cause the person to render a biased
  7 12 decision.  The clerk of the district court shall send, by
  7 13 ordinary mail, a list of those persons selected to the
  7 14 applicant and to the owner of the property at the owner's last
  7 15 known address.  The list shall be provided prior to the
  7 16 mailing, by any party, of a notice of assessment under section
  7 17 6B.8.  If the clerk of the district court is unable to locate
  7 18 an address for the owner of the property, the list shall be
  7 19 published once in a newspaper of general circulation in the
  7 20 county.  The applicant shall reimburse the clerk of the
  7 21 district court for the cost of mailing and publication.  The
  7 22 applicant shall mail a copy of the list of commissioners and
  7 23 alternates appointed by the chief judge by certified mail to
  7 24 the property owner at the owner's last known address.  The
  7 25 applicant shall also cause the list of commissioners and
  7 26 alternates to be published once in a newspaper of general
  7 27 circulation in the county, not less than four nor more than
  7 28 twenty days before the meeting of the compensation commission
  7 29 to assess the damages.  Service of the list of commissioners
  7 30 and alternates by publication shall be deemed complete on the
  7 31 day of publication.  In lieu of mailing and publishing the
  7 32 list of commissioners and alternates, the applicant may cause
  7 33 the list to be served upon the owner of the property in the
  7 34 manner provided by the Iowa rules of civil procedure for the
  7 35 personal service of original notice.  The list of
  8  1 commissioners and alternates shall be mailed and published or
  8  2 served, as above provided, prior to or contemporaneously with
  8  3 service of the notice of assessment as provided in section
  8  4 6B.8.
  8  5    Sec. 11.  Section 6B.4, unnumbered paragraph 3, Code
  8  6 Supplement 1999, is amended by striking the unnumbered
  8  7 paragraph.
  8  8    Sec. 12.  Section 6B.5, Code 1999, is amended by striking
  8  9 the section and inserting in lieu thereof the following:
  8 10    6B.5  CHALLENGES TO COMMISSIONERS AND FILLING VACANCIES ON
  8 11 THE COMMISSION.
  8 12    1.  Persons appointed by the chief judge to serve on the
  8 13 compensation commission are excused from the commission if
  8 14 they are removed for cause, stricken by a challenge pursuant
  8 15 to this section, unavailable to serve on the commission, or
  8 16 fail to act in their capacity as commissioners.
  8 17    2.  The applicant may challenge one commissioner without
  8 18 stating cause and the person or persons representing the fee
  8 19 ownership interest in the property may challenge one
  8 20 commissioner without stating cause.  A challenge to the
  8 21 appointment of a commissioner shall be filed, in writing, with
  8 22 the sheriff not less than seven days prior to the meeting of
  8 23 the compensation commission, and shall be mailed to the other
  8 24 party by ordinary mail on the day of filing.  An alternate
  8 25 commissioner may not be challenged without cause.  A challenge
  8 26 filed less than seven days prior to the meeting of the
  8 27 commission shall have no effect.
  8 28    3.  If a person is excused from the commission, the sheriff
  8 29 shall select and notify, not less than twenty-four hours prior
  8 30 to the meeting, the alternate commissioners appointed for that
  8 31 condemnation proceeding, to complete the membership of the
  8 32 commission.  Alternate commissioners selected and notified
  8 33 shall have the same qualifications as the person who is being
  8 34 replaced.  If no alternates have been appointed, the chief
  8 35 judge of the judicial district shall appoint another person
  9  1 from the list, possessing the same qualifications as the
  9  2 person who is being replaced to complete the membership of the
  9  3 commission.
  9  4    4.  The sheriff shall notify alternate commissioners in the
  9  5 order directed by the chief judge, and the alternate
  9  6 commissioner first notified who is available to serve as a
  9  7 compensation commissioner shall serve in the place of the
  9  8 commissioner who was unable to serve or who was stricken from
  9  9 the panel.
  9 10    5.  If a person is excused from the commission, the
  9 11 applicant and the property owner may stipulate in writing to
  9 12 the selection and notification of a particular alternate
  9 13 having the same qualifications as the person who is being
  9 14 replaced, to complete the membership of the commission.  Such
  9 15 stipulation shall be filed with the sheriff not less than
  9 16 seventy-two hours prior to the meeting of the commission.
  9 17    Sec. 13.  NEW SECTION.  6B.6  SHERIFF TO COORDINATE MEETING
  9 18 OF COMMISSIONERS AND PROVIDE MEETING PLACE.
  9 19    The sheriff of the county in which the property to be
  9 20 condemned is located shall coordinate the meeting of
  9 21 commissioners, shall arrange an appropriate meeting place for
  9 22 commissioners, shall assure that appointed commissioners
  9 23 receive the order of the court appointing them and directing
  9 24 their attendance at the meeting of commissioners, and shall
  9 25 report the unavailability or absence of appointed
  9 26 commissioners to the chief judge, to the applicant, and to the
  9 27 landowner.
  9 28    Sec. 14.  Section 6B.7, Code Supplement 1999, is amended to
  9 29 read as follows:
  9 30    6B.7  COMMISSIONERS TO QUALIFY.
  9 31    Before proceeding with the assessment meeting to assess the
  9 32 damages for the taking, all commissioners shall qualify by
  9 33 filing with the sheriff a written oath that they will to the
  9 34 best of their ability faithfully and impartially assess
  9 35 damages and make a written report containing the information
 10  1 used by the commission in assessing the damages to the
 10  2 sheriff.  The applicant or the owner may challenge one
 10  3 commissioner without stating cause.  A challenge to the
 10  4 appointment of a commissioner must be made to the chief judge
 10  5 of the judicial district no less than seventy-two hours before
 10  6 the condemnation jury is set to meet.  A commissioner shall be
 10  7 appointed to fill a vacancy resulting from a challenge no less
 10  8 than twenty-four hours before the jury is set to meet.
 10  9    Sec. 15.  Section 6B.8, Code Supplement 1999, is amended to
 10 10 read as follows:
 10 11    6B.8  NOTICE OF ASSESSMENT.
 10 12    The applicant, or the owner or any lienholder or
 10 13 encumbrancer of any land described in the application, may, at
 10 14 any time after the appointment of the commissioners, have the
 10 15 damages to the lands of any such owner assessed by giving the
 10 16 other party, if a resident of this state, thirty days' notice,
 10 17 in writing.  The notice shall specify the day and the hour
 10 18 when the commissioners compensation commission will meet, view
 10 19 the premises, and assess the damages.  The notice shall be
 10 20 personally served upon all necessary parties in the same
 10 21 manner as original notices provided by the Iowa rules of civil
 10 22 procedure for the personal service of original notice.  If a
 10 23 city or county, or an agency of a city or county, is seeking
 10 24 to condemn agricultural land for an industry as that term is
 10 25 defined in section 260E.2, the notice shall inform the
 10 26 landowner that the landowner may request that the compensation
 10 27 commission review the application as provided in section
 10 28 6B.4A.
 10 29    Service of the notice to a person not a resident of this
 10 30 state shall be by certified mail to the person's last known
 10 31 address.  At the same time, the applicant shall cause a notice
 10 32 to be published once in a newspaper of general circulation in
 10 33 the county prior to the day fixed for the appraisement, which
 10 34 day shall be at least thirty days after publication.  Service
 10 35 of notice in this manner shall be deemed complete on the day
 11  1 of publication.
 11  2    Sec. 16.  Section 6B.14, unnumbered paragraph 1, Code
 11  3 Supplement 1999, is amended to read as follows:
 11  4    The commissioners shall, at the time fixed in the aforesaid
 11  5 notices, view the land sought to be condemned and assess the
 11  6 damages which the owner will sustain by reason of the
 11  7 appropriation; and they.  The commission shall file their its
 11  8 written report, signed by all commissioners, with the sheriff.
 11  9 At the request of the condemner or the condemnee, the
 11 10 commission shall divide the damages into parts to indicate the
 11 11 value of any dwelling, the value of the land and improvements
 11 12 other than a dwelling, and the value of any additional
 11 13 damages.  The appraisement and return may be in parcels larger
 11 14 than forty acres belonging to one person and lying in one
 11 15 tract, unless the agent or attorney of the applicant, or the
 11 16 commissioners, have actual knowledge that the tract does not
 11 17 belong wholly to the person in whose name it appears of
 11 18 record; and in case of such knowledge, the appraisement shall
 11 19 be made of the different portions as they are known to be
 11 20 owned.
 11 21    Sec. 17.  Section 6B.14, Code Supplement 1999, is amended
 11 22 by adding the following new unnumbered paragraph after
 11 23 unnumbered paragraph 1:
 11 24    NEW UNNUMBERED PARAGRAPH.  Prior to the meeting of the
 11 25 commission, the commission or a commissioner shall not
 11 26 communicate with the applicant, property owner, or tenant, or
 11 27 their agents, regarding the condemnation proceedings.  The
 11 28 commissioners shall meet in open session to view the property
 11 29 and to receive evidence, but may deliberate in closed session.
 11 30 After deliberations commence, the commission and each
 11 31 commissioner is prohibited from communicating with any party
 11 32 to the proceeding, unless such communication occurs in the
 11 33 presence of or with the consent of the property owner and the
 11 34 other parties who appeared before the commission.  The
 11 35 commission shall keep minutes of all its meetings showing the
 12  1 date, time, and place, the members present, and the action
 12  2 taken at each meeting.  The minutes shall show the results of
 12  3 each vote taken and information sufficient to indicate the
 12  4 vote of each member present.  The vote of each member present
 12  5 shall be made public at the open session.  The minutes shall
 12  6 be public records open to public inspection.
 12  7    Sec. 18.  Section 6B.25, Code 1999, is amended to read as
 12  8 follows:
 12  9    6B.25  RIGHT TO TAKE POSSESSION OF LANDS – TITLE.
 12 10    Upon the filing of the commissioners' report with the
 12 11 sheriff, the applicant may deposit with the sheriff the amount
 12 12 assessed in favor of a claimant, and the applicant, except as
 12 13 otherwise provided, may take possession of the land condemned
 12 14 and proceed with the improvement.  An appeal from the
 12 15 assessment does not affect the right, except as otherwise
 12 16 provided.  Prior to expiration of the time provided for
 12 17 appeal, the property owner may apply to the district court for
 12 18 release of that part of the damages deposited which the court
 12 19 finds proper.  If there is not an appeal by any party, the
 12 20 property owner shall be entitled to the whole of the damages
 12 21 awarded.  Upon appeal from the commissioners' award of damages
 12 22 the district court may direct that the part of the amount of
 12 23 damages deposited with the sheriff, as it finds just and
 12 24 proper, be paid to the claimant.  If upon trial of the appeal
 12 25 a lesser amount is awarded the difference between the amount
 12 26 so awarded and the amount paid shall be repaid by the person
 12 27 to whom it was paid and upon failure to make the repayment the
 12 28 party shall have judgment entered against the person who
 12 29 received the excess payment.  Title to the property or the
 12 30 interests in property passes to the applicant when damages
 12 31 have been finally determined and paid.
 12 32    Sec. 19.  Section 6B.33, Code Supplement 1999, is amended
 12 33 to read as follows:
 12 34    6B.33  COSTS AND ATTORNEY FEES.
 12 35    The applicant shall pay all costs of the assessment made by
 13  1 the commissioners and reasonable attorney fees and costs
 13  2 incurred by the condemnee as determined by the commissioners
 13  3 if the award of the commissioners exceeds one hundred ten
 13  4 percent of the final offer of the applicant prior to
 13  5 condemnation.  The applicant shall file with the sheriff an
 13  6 affidavit setting forth the most recent offer made to the
 13  7 person whose property is sought to be condemned.  Members of
 13  8 such commissions shall receive a per diem of fifty two hundred
 13  9 dollars and actual and necessary expenses incurred in the
 13 10 performance of their official duties.  The applicant shall
 13 11 reimburse the county sheriff for the per diem and expense
 13 12 amounts paid by the sheriff to the members.  The applicant
 13 13 shall reimburse the owner for the expenses the owner incurred
 13 14 for recording fees, penalty costs for full or partial
 13 15 prepayment of any preexisting recorded mortgage entered into
 13 16 in good faith encumbering the property, and for similar
 13 17 expenses incidental to conveying the property to the
 13 18 applicant.  The applicant shall also pay all costs occasioned
 13 19 by the appeal, including reasonable attorney fees to be taxed
 13 20 by the court, unless on the trial thereof the same or a lesser
 13 21 amount of damages is awarded than was allowed by the tribunal
 13 22 from which the appeal was taken.
 13 23    Sec. 20.  Section 6B.45, Code Supplement 1999, is amended
 13 24 to read as follows:
 13 25    6B.45  MAILING COPY OF APPRAISAL.
 13 26    When any real property or interest in real property is to
 13 27 be purchased, or in lieu thereof to be condemned, the
 13 28 acquiring agency or its agent shall submit to the person,
 13 29 corporation, or entity whose property or interest in the
 13 30 property is to be taken, by ordinary mail, at least ten days
 13 31 prior to the date of contact upon which the acquiring agency
 13 32 or its agent contacts the property owner to commence
 13 33 negotiations, a copy of the appraisal in its entirety upon
 13 34 such real property or interest in such real property prepared
 13 35 for the acquiring agency or its agent, which shall include, at
 14  1 a minimum, an itemization of the appraised value of the real
 14  2 property or interest in the property, any buildings on the
 14  3 property, all other improvements including fences, severance
 14  4 damages, and loss of access.  The appraisal sent to the
 14  5 condemnee shall be that appraisal upon which the condemnor
 14  6 will rely to establish an amount which the condemnor believes
 14  7 to be just compensation for the real property.  All other
 14  8 appraisals made on the property as a result of the
 14  9 condemnation proceeding shall be made available to the
 14 10 condemnee upon request.  In lieu of an appraisal, a utility or
 14 11 person under the jurisdiction of the utilities board of the
 14 12 department of commerce, or any other utility conferred the
 14 13 right by statute to condemn private property, shall provide in
 14 14 writing by certified mail to the owner of record thirty days
 14 15 prior to negotiations, the methods and factors used in
 14 16 arriving at an offered price for voluntary easements including
 14 17 the range of cash amount of each component.  An acquiring
 14 18 agency may obtain a signed written waiver from the landowner
 14 19 to allow negotiations to commence prior to the expiration of
 14 20 the applicable waiting period for the commencement of
 14 21 negotiations.
 14 22    Sec. 21.  Section 6B.57, Code Supplement 1999, is amended
 14 23 to read as follows:
 14 24    6B.57  PROCEDURAL COMPLIANCE.
 14 25    If a city an acquiring agency makes a good faith effort to
 14 26 serve, send, or provide the notices or documents required
 14 27 under this chapter to the owner and any contract purchaser of
 14 28 private property that is or may be the subject of
 14 29 condemnation, but fails to provide the notice or documents to
 14 30 the owner and any contract purchaser, such failure shall not
 14 31 constitute grounds for invalidation of the condemnation
 14 32 proceeding if the chief judge of the judicial district
 14 33 determines that such failure can be corrected by delaying the
 14 34 condemnation proceedings to allow compliance with the
 14 35 requirement and or such failure does not unreasonably
 15  1 prejudice the owner or any contract purchaser.
 15  2    Sec. 22.  Section 478.2, unnumbered paragraphs 2 and 5,
 15  3 Code 1999, are amended to read as follows:
 15  4    As conditions precedent to the filing of a petition with
 15  5 the utilities board requesting a franchise for a new
 15  6 transmission line, and not less than thirty days prior to the
 15  7 filing of such petition, the person, company, or corporation
 15  8 shall hold informational meetings in each county in which real
 15  9 property or rights therein will be affected.  A member of the
 15 10 board, the counsel of the board, or a hearing examiner
 15 11 designated by the board shall serve as the presiding officer
 15 12 at each meeting and, shall present an agenda for such meeting
 15 13 which shall include a summary of the legal rights of the
 15 14 affected landowners, and shall distribute and review the
 15 15 statement of individual rights required under section 6B.2A,
 15 16 subsection 1.  No A formal record of the meeting shall not be
 15 17 required.
 15 18    The notice shall set forth the name of the applicant; state
 15 19 the applicant's principal place of business; state the general
 15 20 description and purpose of the proposed project; state the
 15 21 general nature of the right of way right-of-way desired; state
 15 22 the possibility that the right-of-way may be acquired by
 15 23 condemnation if approved by the utilities board; provide a map
 15 24 showing the route of the proposed project; provide a
 15 25 description of the process used by the utilities board in
 15 26 making a decision on whether to approve a franchise or grant
 15 27 the right to take property by eminent domain; advise that the
 15 28 landowner has the right to be present at such meetings and to
 15 29 file objections with the utilities board; designate the place
 15 30 and time of the meeting; be served not less than thirty days
 15 31 prior to the time set for the meeting by certified mail with
 15 32 return receipt requested; and be published once in a newspaper
 15 33 of general circulation in the county at least one week and not
 15 34 more than three weeks before the time of the meeting and such
 15 35 publication shall be considered notice to landowners whose
 16  1 residence is not known.
 16  2    Sec. 23.  Section 478.6, unnumbered paragraph 2, Code 1999,
 16  3 is amended to read as follows:
 16  4    Where a petition seeks the use of the right of eminent
 16  5 domain over specific parcels of real property, the board shall
 16  6 prescribe the notice to be served upon the owners of record
 16  7 and parties in possession of said the property over which the
 16  8 use of the right of eminent domain is sought.  The notice
 16  9 shall include the statement of individual rights required
 16 10 pursuant to section 6B.2A, subsection 1.
 16 11    Sec. 24.  Section 479.5, unnumbered paragraphs 3 and 6,
 16 12 Code 1999, are amended to read as follows:
 16 13    A pipeline company shall hold informational meetings in
 16 14 each county in which real property or property rights will be
 16 15 affected at least thirty days prior to filing the petition for
 16 16 a new pipeline.  A member of the board or a person designated
 16 17 by the board shall serve as the presiding officer at each
 16 18 meeting and, shall present an agenda for the meeting which
 16 19 shall include a summary of the legal rights of the affected
 16 20 landowners, and shall distribute and review the statement of
 16 21 individual rights required under section 6B.2A.  No A formal
 16 22 record of the meeting shall not be required.
 16 23    The notice shall set forth the name of the applicant; the
 16 24 applicant's principal place of business; the general
 16 25 description and purpose of the proposed project; the general
 16 26 nature of the right-of-way desired; the possibility that the
 16 27 right-of-way may be acquired by condemnation if approved by
 16 28 the utilities board; a map showing the route of the proposed
 16 29 project; a description of the process used by the utilities
 16 30 board in making a decision on whether to approve a permit
 16 31 including the right to take property by eminent domain; that
 16 32 the landowner has a right to be present at such meeting and to
 16 33 file objections with the board; and a designation of the time
 16 34 and place of the meeting; and.  The notice shall be served by
 16 35 certified mail with return receipt requested not less than
 17  1 thirty days previous to the time set for the meeting; and
 17  2 shall be published once in a newspaper of general circulation
 17  3 in the county.  The publication shall be considered notice to
 17  4 landowners whose residence is not known and to each person in
 17  5 possession of or residing on the property provided a good
 17  6 faith effort to notify can be demonstrated by the pipeline
 17  7 company.
 17  8    Sec. 25.  Section 479.7, Code 1999, is amended by adding
 17  9 the following new unnumbered paragraph:
 17 10    NEW UNNUMBERED PARAGRAPH.  Where a petition seeks the use
 17 11 of the right of eminent domain over specific parcels of real
 17 12 property, the board shall prescribe the notice to be served
 17 13 upon the owners of record and parties in possession of the
 17 14 property over which the use of the right of eminent domain is
 17 15 sought.  The notice shall include the statement of individual
 17 16 rights required pursuant to section 6B.2A.
 17 17    Sec. 26.  Section 479.46, subsection 3, unnumbered
 17 18 paragraph 2, Code 1999, is amended to read as follows:
 17 19    Sections 6B.10 to 6B.13 apply to this notice.  If more than
 17 20 one landowner petitions the county board of supervisors, the
 17 21 application to the chief judge, notice to the pipeline
 17 22 company, and appraisement of damages shall be consolidated
 17 23 into one application, notice, and appraisement.  The county
 17 24 attorney may assist in coordinating the consolidated
 17 25 application and notice, but does not become an attorney for
 17 26 the landowners by doing so.
 17 27    Sec. 27.  Section 479A.25, subsection 3, unnumbered
 17 28 paragraph 2, Code 1999, is amended to read as follows:
 17 29    Sections 6B.10 to 6B.13 apply to this notice.  If more than
 17 30 one landowner petitions the county board of supervisors, the
 17 31 application to the chief judge, notice to the pipeline
 17 32 company, and appraisement of damages shall be consolidated
 17 33 into one application, notice, and appraisement.  The county
 17 34 attorney may assist in coordinating the consolidated
 17 35 application and notice, but does not become an attorney for
 18  1 the landowners by doing so.
 18  2    Sec. 28.  Section 479B.30, subsection 3, unnumbered
 18  3 paragraph 2, Code 1999, is amended to read as follows:
 18  4    Sections 6B.10 to 6B.13 apply to this notice.  If more than
 18  5 one landowner petitions the county board of supervisors, the
 18  6 application to the chief judge, notice to the pipeline
 18  7 company, and appraisement of damages shall be consolidated
 18  8 into one application, notice, and appraisement.  The county
 18  9 attorney may assist in coordinating the consolidated
 18 10 application and notice, but does not become an attorney for
 18 11 the landowners by doing so.
 18 12    Sec. 29.  Section 6B.12, Code Supplement 1999, and section
 18 13 6B.13, Code 1999, are repealed.
 18 14    Sec. 30.  EFFECTIVE DATE.  This Act, being deemed of
 18 15 immediate importance, takes effect upon enactment.  
 18 16 
 18 17 
 18 18                                                             
 18 19                               BRENT SIEGRIST
 18 20                               Speaker of the House
 18 21 
 18 22 
 18 23                                                             
 18 24                               MARY E. KRAMER
 18 25                               President of the Senate
 18 26 
 18 27    I hereby certify that this bill originated in the House and
 18 28 is known as House File 2528, Seventy-eighth General Assembly.
 18 29 
 18 30 
 18 31                                                             
 18 32                               ELIZABETH ISAACSON
 18 33                               Chief Clerk of the House
 18 34 Approved                , 2000
 18 35 
 19  1 
 19  2                            
 19  3 THOMAS J. VILSACK
 19  4 Governor
     
Text: HF02527                           Text: HF02529
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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