Text: HSB00084 Text: HSB00086 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 6A.21 CONDEMNATION OF 1 2 AGRICULTURAL LAND. 1 3 This section is intended to preserve agricultural land for 1 4 agricultural production by preventing the condemnation of 1 5 agricultural land for private development purposes without the 1 6 consent of the owner. It is also intended to limit the use of 1 7 condemnation of any property for private development purposes. 1 8 It is not intended to prevent the rehabilitation of slum or 1 9 blighted areas, as defined in section 403.17, within the 1 10 corporate limits of a city. 1 11 For purposes of this chapter, "public use" or "public 1 12 purpose" does not include the condemnation of agricultural 1 13 land for private development purposes unless the owner of the 1 14 agricultural land consents to the condemnation. "Agricultural 1 15 land" means real property that is used for the production of 1 16 agricultural commodities including, but not limited to, the 1 17 raising, harvesting, handling, drying, or storage of crops 1 18 used for feed, food, seed, or fiber; the care or feeding of 1 19 livestock; the handling or transportation of crops or 1 20 livestock; the storage, treatment, or disposal of livestock 1 21 manure; and the application of fertilizers, soil conditioners, 1 22 pesticides, and herbicides on crops. "Private development 1 23 purposes" means the construction of, or improvement related 1 24 to, recreational development, housing and residential 1 25 development, or commercial or industrial enterprise 1 26 development. This section does not apply to a slum area or 1 27 blighted area as defined in section 403.17, or to the 1 28 establishment, relocation, or improvement of a road pursuant 1 29 to chapter 306, or to an airport as defined in section 328.1, 1 30 or to land acquired in order to replace or mitigate land used 1 31 in a road project when federal law requires replacement or 1 32 mitigation. This section does not apply to the right to use 1 33 eminent domain granted to a public utility as defined in 1 34 section 476.1 by the utilities board of the department of 1 35 commerce or to the use of eminent domain by a rural water 2 1 district, rural electric cooperative, municipal utility, or 2 2 telegraph or telephone line or cable system, as limited by 2 3 chapter 477, to provide gas, electricity, water, sewage 2 4 disposal, stormwater collection, or communications to the 2 5 general public for compensation. 2 6 Sec. 2. NEW SECTION. 6B.2A NOTICE OF PROPOSED PUBLIC 2 7 IMPROVEMENT. 2 8 1. The state of Iowa, or any entity or person conferred 2 9 the right to condemn private property under section 6A.4, 2 10 shall provide written notification to each owner of record of 2 11 private property that may be the subject of condemnation. The 2 12 authority under this chapter is not conferred and condemnation 2 13 proceedings shall not begin unless a good faith effort is made 2 14 to serve the notice as provided in this section on the owner 2 15 of record of the property subject to condemnation. The notice 2 16 shall be mailed by ordinary mail no less than thirty days 2 17 before adoption of the ordinance, resolution, motion, or other 2 18 declaration of intent to proceed with the public improvement 2 19 and the acquisition or condemnation, if necessary, of the 2 20 property. If the location of the public improvement is 2 21 changed or expanded after the decision has been made to 2 22 proceed with the public improvement, a notice shall be mailed 2 23 by ordinary mail no less that thirty days before the adoption 2 24 of the ordinance, resolution, motion, or other declaration of 2 25 intent to proceed with a change in the location of the public 2 26 improvement to the owner of record of the land to be acquired 2 27 or condemned, if necessary, in the new location of the public 2 28 improvement affected by the change. The notice shall include 2 29 the statement of individual rights required under section 2 30 6B.2B. The notice shall, at a minimum, include the following 2 31 information: 2 32 a. The general nature of the public improvement. 2 33 b. The state's or person's intended use of the private 2 34 property for the public improvement. 2 35 c. The process to be followed by the state or person in 3 1 making the decision to proceed with the public improvement and 3 2 the acquisition or condemnation, if necessary, of the 3 3 property. 3 4 d. The time, place, and manner at which an opportunity is 3 5 provided for public input into the decision to proceed with 3 6 the public improvement and the acquisition or condemnation, if 3 7 necessary, of the property. 3 8 e. The current status in the planning process for the 3 9 public improvement, including meetings held and decisions 3 10 made. 3 11 2. The authority to condemn is not conferred until the 3 12 appropriate authority approves the public improvement, 3 13 including the approval of any permits required by state or 3 14 federal law which permits are necessary for commencement of 3 15 the project. This subsection does not apply to land condemned 3 16 for public improvements undertaken pursuant to section 306.19. 3 17 Sec. 3. NEW SECTION. 6B.2B ACQUISITION NEGOTIATION 3 18 STATEMENT OF RIGHTS. 3 19 1. The state or person conferred the right to take private 3 20 property for public use shall make a good faith effort to 3 21 negotiate with the owner to purchase the private property 3 22 before filing an application for condemnation or otherwise 3 23 proceed with the condemnation process. 3 24 2. The state or person conferred the right to take private 3 25 property for public use shall provide the owner of record of 3 26 the private property with a statement of their individual 3 27 rights to be included with the notice required under section 3 28 6B.2A. The attorney general shall adopt rules pursuant to 3 29 chapter 17A prescribing a statement of rights which may be 3 30 used in substantial form by any person required to provide the 3 31 statement by this section. 3 32 Sec. 4. Section 6B.3, Code 1999, is amended to read as 3 33 follows: 3 34 6B.3 APPLICATION – RECORDING – NOTICE – TIME FOR 3 35 APPRAISEMENT – NEW PROCEEDINGS. 4 1 1.SuchThe proceedings shall be instituted by a written 4 2 application filed with the chief judge of the judicial 4 3 district of the county in which the land sought to be 4 4 condemned is located.SaidThe application shall set forth: 4 51a. A description of all the property in the county, 4 6 affected or sought to be condemned, by its congressional 4 7 numbers, in tracts not exceeding one-sixteenth of a section, 4 8 or, if the land consists of lots, by the numbers of the lot 4 9 and block, and plat designation. 4 102b. A plat showing the location of the right-of-way or 4 11 other property sought to be condemned with reference to such 4 12 description. 4 133c. The names of all record owners of the different 4 14 tracts of land sought to be condemned, or otherwise affected 4 15 by such proceedings, and of all record holders of liens and 4 16 encumbrances on such lands; also the place of residence of all 4 17 such persons so far as known to the applicant. 4 184d. The purpose for which condemnation is sought. 4 195e. A request for the appointment of a commission to 4 20 appraise the damages. 4 216f. If the damages are to be paid by the state and the 4 22 land to be condemned is within an agricultural area as 4 23 provided in chapter 352, a statement disclosing whether any of 4 24 that land is classified as class I or class II land under the 4 25 United States department of agriculture natural resources 4 26 conservation service land capability classification system 4 27 contained in the agriculture handbook number 210, 1961 edition 4 28 and, if so classified, stating that the class I or class II 4 29 land is reasonably necessary for the work of internal 4 30 improvement for which condemnation is sought. 4 31 g. A showing of the minimum amount of land necessary to 4 32 achieve the public purpose and the amount of land to be 4 33 acquired by condemnation for the public improvement. Any land 4 34 to be acquired by condemnation beyond the necessary minimum to 4 35 complete the project shall be presumed not to be necessary for 5 1 a public use or public purpose unless the applicant can show 5 2 that a substantial need exists for the additional property to 5 3 achieve the public use or public purpose, or that the land in 5 4 question is of little or no value or utility to the owner, or 5 5 that the owner consents to the condemnation. 5 6 h. A statement indicating the efforts made by the 5 7 applicant to negotiate in good faith with the owner to acquire 5 8 the private property sought to be condemned. 5 9 2. The applicant shall mail a copy of the application by 5 10 certified mail to the owner at the owner's last known address 5 11 and to any mortgagee of record at the mortgagee's last known 5 12 address and to any other record lienholder or encumbrancer of 5 13 the land at the lienholder's or encumbrancer's last known 5 14 address. If service of notice by certified mail cannot be 5 15 made in the manner prescribed in this section, the applicant 5 16 shall cause a notice to be published once in a newspaper of 5 17 general circulation in the county. If service of notice is 5 18 made by publication, an affidavit shall be filed with the 5 19 county recorder along with the application. The affidavit 5 20 shall state the reason why service of notice by certified mail 5 21 could not be made, the name of the publication, and the date 5 22 of the publication. Service of notice by publication shall be 5 23 deemed complete on the day of publication. 5 2473. The applicant shall promptly certify that its 5 25 application for condemnation has been approved by the chief 5 26 judge and shall file the original approved application with 5 27 the county recorder in the manner required under section 5 28 6B.37. The county recorder shall file and index the 5 29 application in the record of deeds and preserve the 5 30 application as required by sections 6B.38 and 558.55. The 5 31 filing and indexing constitute constructive notice to all 5 32 parties that a proceeding to condemn the property is pending 5 33 and that the applicant has the right to acquire the property 5 34 from all owners, lienholders, and encumbrancers whose 5 35 interests are of record at the time of the filing. When 6 1 indexed, the proceeding is considered pending so as to charge 6 2 all persons not having an interest in the property with notice 6 3 of its pendency, and while pending no interest can be acquired 6 4 by the third parties in the property against the rights of the 6 5 applicant. If the appraisement of damages is not made within 6 6 one hundred twenty days, the proceedings instituted under this 6 7 section are terminated and all rights and interests of the 6 8 applicant arising out of the application for condemnation 6 9 terminate. The applicant may reinstitute a new condemnation 6 10 proceeding at any time. The reinstituted proceedings are 6 11 entirely new proceedings and not a revival of the terminated 6 12 proceeding. 6 13 Sec. 5. Section 6B.4, unnumbered paragraph 2, Code 1999, 6 14 is amended to read as follows: 6 15 The chief judge of the judicial district shall select by 6 16 lot six persons from the list, two persons who are owner- 6 17 operators of agricultural property when the property to be 6 18 condemned is agricultural property; two persons who are owners 6 19 of city property when the property to be condemned is other 6 20 than agricultural property; and two persons from each of the 6 21 remaining two representative groups, who shall constitute a 6 22 compensation commission to assess the damages to all property 6 23 to be taken by the applicant and located in the county, and 6 24 shall name a chairperson from the persons selected.NoA 6 25 person shall not be selected as a member of the compensation 6 26 commissionselected shall possessif the person possesses any 6 27 interest in the proceeding which would causesuchthe person 6 28 to render a biased decision. The clerk of the district court 6 29 shall send, by regular mail, a list of those persons selected 6 30 to the applicant and to the owner of the property at the 6 31 owner's last known address. The list shall be provided prior 6 32 to the mailing, by any party, of a notice of assessment under 6 33 section 6B.8. If the clerk of the district court is unable to 6 34 locate an address for the owner of the property, the list 6 35 shall be published once in a newspaper of general circulation 7 1 in the county. The applicant shall reimburse the clerk of the 7 2 district court for the cost of mailing and publication. 7 3 Sec. 6. Section 6B.7, Code 1999, is amended to read as 7 4 follows: 7 5 6B.7 COMMISSIONERS TO QUALIFY. 7 6 Before proceeding with the assessment all commissioners 7 7 shall qualify by filing with the sheriff a written oath that 7 8 they will to the best of their ability faithfully and 7 9 impartially assesssaiddamages and make a written report to 7 10 the sheriff. The applicant or the owner may challenge one 7 11 commissioner without stating cause. A challenge to the 7 12 appointment of a commissioner must be made to the chief judge 7 13 of the judicial district no less than forty-eight hours before 7 14 the condemnation jury is set to meet. A commissioner shall be 7 15 appointed to fill a vacancy resulting from a challenge no less 7 16 than twenty-four hours before the jury is set to meet. 7 17 Sec. 7. Section 6B.8, Code 1999, is amended to read as 7 18 follows: 7 19 6B.8 NOTICE OF ASSESSMENT. 7 20 The applicant, or the owner or any lienholder or 7 21 encumbrancer of any land described in the application, may, at 7 22 any time after the appointment of the commissioners, have the 7 23 damages to the lands of any such owner assessed by giving the 7 24 other party, if a resident of this state, ten days' notice, in 7 25 writing. Service of the notice to a person not a resident of 7 26 this state shall be by certified mail to the person's last 7 27 known address.SuchThe notice shall specify the day and the 7 28 hour when the commissioners will view the premises, and be 7 29 served in the same manner as original notices. If service of 7 30 notice by certified mail cannot be made in the manner 7 31 prescribed in this section, the applicant shall cause a notice 7 32 to be published once in a newspaper of general circulation in 7 33 the county. Service of notice by publication shall be deemed 7 34 complete on the day of publication. 7 35 Sec. 8. Section 6B.12, Code 1999, is amended to read as 8 1 follows: 8 2 6B.12 NOTICETO NONRESIDENTSWHEN RESIDENCE UNKNOWN. 8 3If the owner of such lands or any person interested therein8 4is a nonresident of this state, or ifIf the person's 8 5 residence is unknown after a good faith effort is made to find 8 6 the person's last known address,no demand for the land for8 7the purposes sought shall be necessary, butthe notice 8 8aforesaidrequired in section 6B.8 shall be published insome8 9 a newspaper of general circulation in the countyand of8 10general circulation therein, once each week for at least four 8 11 successive weeks prior to the day fixed for the appraisement, 8 12 which day shall be at least thirty days after the first 8 13 publication of the notice. 8 14 Sec. 9. Section 6B.14, unnumbered paragraph 3, Code 1999, 8 15 is amended to read as follows: 8 16In addition to all other damages provided by law, except8 17moving expenses paid or required to be paid under relocation8 18assistance programs, anAn owneror tenantoccupying land 8 19 which is proposed to be acquired by condemnation shall be 8 20 awarded a sum sufficient to remove such owner'sor tenant's8 21 personal property from the land to be acquired, which sum 8 22 shall represent reasonable costs of movingsaidthe personal 8 23 property from thesaidland to be acquired to a point no 8 24 greater thantwenty-fivefifty milestherefrom; but in any 8 25 event,saiddamages awarded under this section for moving 8 26 shall not exceed fivehundredthousand dollars for each owner 8 27or tenantoccupying landsoproposed to be condemned. An 8 28 owner may apply for an award pursuant to this section only if 8 29 all other damages provided by law have been awarded and such 8 30 amount awarded is insufficient to pay the owner's reasonable 8 31 costs of moving. 8 32 Sec. 10. Section 6B.26, Code 1999, is amended to read as 8 33 follows: 8 34 6B.26 DISPOSSESSION OF OWNER. 8 35 A landowner shall not be dispossessed, under condemnation 9 1 proceedings, of the landowner's residence, dwelling house, 9 2outhouseoutbuildings, orchard, or garden, until the damages 9 3 thereto have been finally determined and paid. However, if 9 4 the property described in this section is condemned for 9 5 highway purposes by the state department of transportation, 9 6 the condemning authority may take possession of the property 9 7 either after the damages have been finally determined and paid 9 8 or one hundred eighty days after the compensation commission 9 9 has determined and filed its award, in which event all of the 9 10 appraisement of damages shall be paid to the property owner 9 11 before the dispossession can take place. This section shall 9 12 not apply to condemnation proceedings for drainage or levee 9 13 improvements, or for public school purposes. For the purposes 9 14 of this section, "outbuildings" means structures and 9 15 improvements located in close proximity to the landowner's 9 16 residence. 9 17 Sec. 11. Section 6B.33, Code 1999, is amended to read as 9 18 follows: 9 19 6B.33 COSTS AND ATTORNEY FEES. 9 20 The applicant shall pay all costs of the assessment made by 9 21 the commissioners and reasonable attorney fees and costs 9 22 incurred by the condemnee as determined by the commissioners 9 23 if the award of the commissioners exceeds one hundred ten 9 24 percent of the final offer of the applicant prior to 9 25 condemnation. The applicant shall file with the sheriff an 9 26 affidavit setting forth the most recent offer made to the 9 27 person whose property is sought to be condemned. Members of 9 28 such commissions shall receive a per diem of fifty dollars and 9 29 actual and necessary expenses incurred in the performance of 9 30 their official duties. The applicant shall reimburse the 9 31 county sheriff for the per diem and expense amounts paid by 9 32 the sheriff to the members. The applicant shall reimburse the 9 33 owner for the expenses the owner incurred for recording fees, 9 34 penalty costs for full or partial prepayment of any 9 35 preexisting recorded mortgage entered into in good faith 10 1 encumbering the property, and for similar expenses incidental 10 2 to conveying the property to the applicant. The applicant 10 3 shall also pay all costs occasioned by the appeal, including 10 4 reasonable attorney fees to be taxed by the court, unless on 10 5 the trial thereof the same or a less amount of damages is 10 6 awarded than was allowed by the tribunal from which the appeal 10 7 was taken. 10 8 Sec. 12. Section 6B.42, Code 1999, is amended to read as 10 9 follows: 10 10 6B.42 EMINENT DOMAIN – PAYMENT TO DISPLACED PERSONS. 10 11 1. a. The state of Iowa or any entity or person conferred 10 12 the right to condemn private property under section 6A.4 shall 10 13 provide to the person, in addition to any other sums of money 10 14 in payment of just compensation, the payments and assistance 10 15 required by law, in accordance with chapter 316. 10 16 b. A person aggrieved by a determination made as to 10 17 eligibility for relocation assistance, a payment, or the 10 18 amount of the payment, upon application, may have the matter 10 19 reviewed by the appropriate agency of the condemning 10 20 authority. 10 21 c. A condemning authority subject to this section that 10 22 proposes to displace a person shall inform the person of the 10 23 person's right to receive relocation assistance and payments, 10 24 and of an aggrieved person's right to appeal a determination 10 25 as to assistance and payments. 10 261.2. a. A utility or railroad subject to section 327C.2, 10 27 or chapters 476, 478, 479,and479A, and 479B, authorized by 10 28 law to acquire property by condemnation, which acquires the 10 29 property of a person or displaces a person for a program or 10 30 project which has received or will receive federal financial 10 31 assistance as defined in section 316.1, shall provide to the 10 32 person, in addition to any other sums of money in payment of 10 33 just compensation, the payments and assistance required by 10 34 law, in accordance with chapter 316. 10 352.b. A person aggrieved by a determination made by a 11 1 utility as to eligibility for relocation assistance, a 11 2 payment, or the amount of the payment, upon application, may 11 3 have the matter reviewed by the utilities division of the 11 4 department of commerce. 11 53.c. A person aggrieved by a determination made by a 11 6 railroad as to eligibility for relocation assistance, a 11 7 payment, or the amount of the payment, upon application, may 11 8 have the matter reviewed by the state department of 11 9 transportation. 11 104.d. A utility or railroad subject to this section that 11 11 proposes to displace a person shall inform the person of the 11 12 person's right to receive relocation assistance and payments, 11 13 and of an aggrieved person's right to appeal to the utilities 11 14 division of the department of commerce or the state department 11 15 of transportation. 11 16 Sec. 13. Section 6B.45, Code 1999, is amended to read as 11 17 follows: 11 18 6B.45CONDEMNATION FOR ROAD OR STREET –MAILING COPY OF 11 19 APPRAISAL. 11 20 When any real property or interestthereinin real property 11 21 is to be purchased, or in lieu thereof to be condemnedfor11 22highway, street or road purposes, the purchasing state agency, 11 23 county, or city, ortheirits agent shall submit to the 11 24 person, corporation, or entity whose property or interest 11 25thereinin the property is to be taken, by ordinary mail, at 11 26 least ten days prior to the date of contact, a copy of the 11 27 appraisal in its entirety upon such real property or interest 11 28thereinin such real property prepared for the purchasing 11 29 state agency, county, or city, or its agent, which shall 11 30 include, atleasta minimum, an itemization of the appraised 11 31 value of the real property or interestthereinin the 11 32 property, any buildingsthereonon the property, all other 11 33 improvements including fences, severance damages and loss of 11 34 access. The appraisal sent to the condemnee shall be that 11 35 appraisal upon which the condemnor will rely to establish an 12 1 amount which the condemnor believes to be just compensation 12 2 for the real property. All other appraisals made on the 12 3 property as a result of the condemnation proceeding shall be 12 4 made available to the condemnee upon request. 12 5 Sec. 14. Section 6B.54, unnumbered paragraph 1, Code 1999, 12 6 is amended to read as follows: 12 7If aFor any project or displacing activity that has 12 8 received or will receive federal financial assistance as 12 9 defined in section 316.1, for any state-funded projects, or 12 10 for any other public improvement for which condemnation is 12 11 sought, an acquiring state agency, county, or city shall be 12 12 guided by the following policies: 12 13 Sec. 15. Section 6B.54, subsections 2, 3, 8, and 9, Code 12 14 1999, are amended to read as follows: 12 15 2. Real property shall be appraised as required by section 12 16 6B.45 before the initiation of negotiations, and the owner or 12 17 the owner's designated representative shall be given an 12 18 opportunity to accompany at least one appraiser of the 12 19 acquiring agency during an inspection of the property, except 12 20 thatthe state department of transportationa state agency may 12 21 prescribe a procedure to waive the appraisal in cases 12 22 involving the acquisition of property with a low fair market 12 23 value. 12 24 3. Before the initiation of negotiations for real 12 25 property, the acquiring state agency, county, or city shall 12 26 establish an amount which it believes to be just compensation 12 27 for the real property, and shall make a prompt offer to 12 28 acquire the property for the full amount established by the 12 29 agency. In no event shall the amount be less than the 12 30agency's approvedlowest appraisal of the fair market value of 12 31 the property. 12 32 8. If the acquisition of only a portion of property would 12 33 leave the owner with an uneconomical remnant, thehead of the12 34 acquiring state agencyconcerned, county, or city shall offer 12 35 to acquire that remnant. For the purposes of this chapter, an 13 1 "uneconomical remnant" is a parcel of real property in which 13 2 the owner is left with an interest after the partial 13 3 acquisition of the owner's property, where thehead of the13 4 acquiring state agencyconcerned, county, or city determines 13 5 that the parcel has little or no value or utility to the 13 6 owner. 13 7 9. A person whose real property is being acquired in 13 8 accordance with this chapter, after the person has been fully 13 9 informed of the person's right to receive just compensation 13 10 for the property, may donate the property, any part of the 13 11 property, any interest in the property, or any compensation 13 12 paid for itto any agencyas the person may determine. 13 13 Sec. 16. Section 6B.54, subsection 10, unnumbered 13 14 paragraph 1, Code 1999, is amended to read as follows: 13 15 As soon as practicable after the date of payment of the 13 16 purchase price or the date of deposit in court of funds to 13 17 satisfy the award of compensation in a condemnation proceeding 13 18 to acquire real property, whichever is earlier, the acquiring 13 19 state agency, county, or city shall reimburse the owner, to 13 20 the extent the acquiring state agency, county, or city deems 13 21 fair and reasonable, for expenses the owner necessarily 13 22 incurred for all of the following: 13 23 Sec. 17. Section 6B.55, unnumbered paragraph 1, Code 1999, 13 24 is amended to read as follows: 13 25If aFor any program or project that has received or will 13 26 receive federal financial assistance as defined in section 13 27 316.1, for any state-funded projects, or for any other public 13 28 improvement for which condemnation is sought, an acquiring 13 29 state agency, county, or city shall be guided by the following 13 30 policies: 13 31 Sec. 18. Section 6B.55, subsection 1, Code 1999, is 13 32 amended to read as follows: 13 33 1. If an interest in real property is acquired, the 13 34 acquiring state agency, county, or city shall acquire an equal 13 35 interest in all buildings, structures, or other improvements 14 1 located upon the real property which are required to be 14 2 removed from the real property or which are determined to be 14 3 adversely affected by the use to which the real property will 14 4 be put. 14 5 Sec. 19. Section 306.19, subsection 3, Code 1999, is 14 6 amended to read as follows: 14 7 3. None of the foregoing requirements shall prohibit the 14 8 property owner and the agency from entering into a mutually 14 9 acceptable agreement for the replacement, relocation, 14 10 construction, or maintenance of any alternate driveway on the 14 11 owner's property. Compensation for any property rights taken 14 12 in the establishment of any alternative temporary or permanent 14 13 access shall be paid as in any other purchase or condemnation 14 14 of property. 14 15 Sec. 20. Section 306.19, subsection 4, Code 1999, is 14 16 amended to read as follows: 14 17 4.Compensation for any property rights taken in the14 18establishment of any alternative temporary or permanent access14 19shall be paid as in any other purchase or condemnation of14 20property.Proceedings for the condemnation of land for any 14 21 highway shall be under the provisions of chapter 6A and 14 22 chapter 6B.Provided that, in the condemnation of right-of-14 23way for secondary roads, the board of supervisors may proceed14 24as provided in sections 306.28 to 306.37.14 25 Sec. 21. Section 306.27, Code 1999, is amended to read as 14 26 follows: 14 27 306.27 CHANGES FOR SAFETY, ECONOMY, AND UTILITY. 14 28 The state department of transportation as to primary roads 14 29 and the boards of supervisors as to secondary roads on their 14 30 own motion may change the course of any part of any road or 14 31 stream, watercourse, or dry run and may pond water in order to 14 32 avoid the construction and maintenance of bridges, or to avoid 14 33 grades, or railroad crossings, or to straighten a road, or to 14 34 cut off dangerous corners, turns or intersections on the 14 35 highway, or to widen a road above statutory width, or for the 15 1 purpose of preventing the encroachment of a stream, 15 2 watercourse or dry run upon the highway. The department and 15 3 the board of supervisors shall conductitstheir proceedings 15 4 in the manner and form prescribed in chapter 6B, and the board15 5of supervisors shall use the form prescribed in sections15 6306.28 to 306.37 or as provided in chapter 6B. Changes are 15 7 subject to chapter 455B. 15 8 Sec. 22. Section 316.1, subsection 5, paragraphs a and b, 15 9 Code 1999, are amended to read as follows: 15 10 a. A person who moves from real property or moves the 15 11 person's personal property from real property ineitherany of 15 12 the following circumstances: 15 13 (1) As a direct result of a written notice of intent to 15 14 acquire, the initiation of negotiations for, or the 15 15 acquisition of, the real property in whole or in part for a 15 16 program or project undertaken with federal financial 15 17 assistance. 15 18 (2) The person moved or moved the person's personal 15 19 property from real property on which the person is either a 15 20 residential tenant or conducts a small business, a farm 15 21 operation, or a business as defined in subsection 2, paragraph 15 22 "d", as a direct result of rehabilitation or demolition for a 15 23 program or project undertaken with federal financial 15 24 assistance in a case in which the head of the displacing 15 25 agency determines that the displacement is permanent. 15 26 (3) As a direct result of a written notice of intent to 15 27 acquire by condemnation, the initiation of negotiations for, 15 28 or the acquisition of, the real property in whole or in part 15 29 by the state of Iowa or by an entity or person conferred the 15 30 right to condemn private property. 15 31 b. For purposes of section 316.4, subsections 1 and 2, and 15 32 section 316.7, a person who moves from real property, or moves 15 33 the person's personal property from real property ineither15 34 any of the following circumstances: 15 35 (1) As a direct result of a written notice of intent to 16 1 acquire, the initiation of negotiations for, or the 16 2 acquisition of, other real property in whole or in part if the 16 3 person conducts a business or farm operation on the other real 16 4 property for a program or project undertaken with federal 16 5 financial assistance. 16 6 (2) As a direct result of rehabilitation or demolition of 16 7 other real property on which the person conducts a business or 16 8 a farm operation for a program or project undertaken with 16 9 federal financial assistance in a case in which the head of 16 10 the displacing agency determines that the displacement is 16 11 permanent. 16 12 (3) As a direct result of a written notice of intent to 16 13 acquire by condemnation, the initiation of negotiations for, 16 14 or the acquisition of, other real property in whole or in part 16 15 by the state of Iowa or by an entity or person conferred the 16 16 right to condemn private property if the person conducts a 16 17 business or farm operation on the other real property. 16 18 Sec. 23. Section 331.304, subsection 8, Code 1999, is 16 19 amended to read as follows: 16 20 8. The power to take private property for public use shall 16 21 only be exercised by counties for public purposes which are 16 22 reasonable and necessary as an incident to the powers and 16 23 duties conferred upon counties, and in accordance with 16 24 chapters 6A and 6B.SectionsSection 306.19and 306.28 to16 25306.37 areis also applicable to condemnation of right of way 16 26 for secondary roads. 16 27 Sec. 24. Section 331.502, subsection 25, Code 1999, is 16 28 amended to read as follows: 16 29 25. Carry out duties relating to the establishment, 16 30 alteration, and vacation of public highways as provided in 16 31 sections 306.21, 306.25,306.29 to 306.31, 306.37,and 306.40. 16 32 Sec. 25. Section 403.5, subsection 4, Code 1999, is 16 33 amended by adding the following new unnumbered paragraph: 16 34 NEW UNNUMBERED PARAGRAPH. A municipality shall not condemn 16 35 agricultural land included within an economic development area 17 1 unless the owner of the agricultural land consents to 17 2 condemnation. 17 3 Sec. 26. Section 403.7, Code 1999, is amended to read as 17 4 follows: 17 5 403.7 CONDEMNATION OF PROPERTY. 17 6 A municipality shall have the right to acquire by 17 7 condemnation any interest in real property, including a fee 17 8 simple title thereto, which it may deem necessary for or in 17 9 connection with an urban renewal project under this chapter. 17 10 However, a municipality shall not condemn agricultural land 17 11 included within an economic development area unless the owner 17 12 of the agricultural land consents to condemnation. 17 13 The prohibition contained in this section on the 17 14 condemnation of agricultural land in an economic development 17 15 area without the consent of the owner is intended to limit 17 16 condemnation of agricultural land in order to protect land 17 17 used for an agricultural purpose but is not intended to 17 18 prevent the rehabilitation of slum or blighted areas, as 17 19 defined in section 403.17, within the corporate limits of a 17 20 city. A municipality may exercise the power of eminent domain 17 21 in the manner provided in chapter 6B, and Acts amendatory to 17 22 that chapter or supplementary to that chapter, or it may 17 23 exercise the power of eminent domain in the manner now or 17 24 which may be hereafter provided by any other statutory 17 25 provisions for the exercise of the power of eminent domain. 17 26 Property already devoted to a public use may be acquired in 17 27 like manner. However, real property belonging to the state, 17 28 or any political subdivision of this state, shall not be 17 29 acquired without its consent, and real property or any right 17 30 or interest in the property owned by any public utility 17 31 company, pipeline company, railway or transportation company 17 32 vested with the right of eminent domain under the laws of this 17 33 state, shall not be acquired without the consent of the 17 34 company, or without first securing, after due notice to the 17 35 company and after hearing, a certificate authorizing 18 1 condemnation of the property from the board, commission or 18 2 body having the authority to grant a certificate authorizing 18 3 condemnation. In a condemnation proceeding, if a municipality 18 4 proposes to take a part of a lot or parcel of real property, 18 5 the municipality shall also take the remaining part of the lot 18 6 or parcel if requested by the owner. 18 7 Sec. 27. Section 403.17, Code 1999, is amended by adding 18 8 the following new subsection: 18 9 NEW SUBSECTION. 2A. "Agricultural land" means real 18 10 property that is used for the production of agricultural 18 11 commodities including, but not limited to, the raising, 18 12 harvesting, handling, drying, or storage of crops used for 18 13 feed, food, seed, or fiber; the care of feeding of livestock; 18 14 the handling or transportation of crops or livestock; the 18 15 storage, treatment, or disposal of livestock manure; and the 18 16 application of fertilizers, soil conditioners, pesticides, and 18 17 herbicides on crops. 18 18 Sec. 28. Section 403.17, subsection 9, Code 1999, is 18 19 amended to read as follows: 18 20 9. "Economic development area" means an area of a 18 21 municipality designated by the local governing body as 18 22 appropriate for commercial and industrial enterprises, public 18 23 improvements related to housing and residential development, 18 24 or construction of housing and residential development for low 18 25 and moderate income families, including single or multifamily 18 26 housing. If an urban renewal plan for an urban renewal area 18 27 is based upon a finding that the area is an economic 18 28 development area and that no part contains slum or blighted 18 29 conditions, then the division of revenue provided in section 18 30 403.19 and stated in the plan shall be limited to twenty years 18 31 from the calendar year following the calendar year in which 18 32 the city first certifies to the county auditor the amount of 18 33 any loans, advances, indebtedness, or bonds which qualify for 18 34 payment from the division of revenue provided in section 18 35 403.19. Such designated area shall not include agricultural 19 1 land, including land which is part of a century farm, unless 19 2 the owner of the agricultural land or century farm agrees to 19 3 include the agricultural land or century farm in the urban 19 4 renewal area. For the purposes of this subsection, "century 19 5 farm" means a farm in which at least forty acres of such farm 19 6 have been held in continuous ownership by the same family for 19 7 one hundred years or more. 19 8 Sec. 29. Sections 306.28 through 306.37, Code 1999, are 19 9 repealed. 19 10 Sec. 30. APPLICABILITY. Sections 1, 25, 26, and 27 of 19 11 this Act, enacting section 6A.21, amending sections 403.5 and 19 12 403.7, and enacting section 403.17, subsection 2A, apply to 19 13 urban renewal areas established before, on, or after the 19 14 effective date of this Act and to amendments to such urban 19 15 renewal areas. 19 16 Section 28 of this Act, amending section 403.17, subsection 19 17 9, applies to urban renewal areas established on or after the 19 18 effective date of this Act. Section 28 of this Act also 19 19 applies to agricultural land included in an urban renewal area 19 20 established before the effective date of this Act if the 19 21 agricultural land is included in the urban renewal area by 19 22 virtue of an amendment to the urban renewal plan, which 19 23 amendment is adopted on or after the effective date of this 19 24 Act. 19 25 Sec. 31. EFFECTIVE DATE. This Act applies to state 19 26 highway construction projects approved for commencement by the 19 27 transportation commission on or after July 1, 1999. This Act 19 28 applies to all other condemnation proceedings in which the 19 29 application for condemnation is filed on or after July 1, 19 30 1999. 19 31 EXPLANATION 19 32 This bill makes several changes to the law relating to the 19 33 power of eminent domain and the procedures by which the state 19 34 of Iowa and other entities and persons are allowed to condemn 19 35 private property. Entities or persons conferred the right by 20 1 law to condemn private property include counties, cities, 20 2 owners of land without a way to the land, owners of mineral 20 3 lands, cemetery associations, and subdistricts of soil and 20 4 water conservation districts. 20 5 The bill defines "public use" or "public purpose" to 20 6 exclude the condemnation of agricultural land without the 20 7 consent of the owner. The bill defines "agricultural land" as 20 8 real property used for production of certain agricultural 20 9 products and defines "private development purposes" as the 20 10 construction of, or public improvement related to, 20 11 recreational development, housing and residential development, 20 12 or commercial or industrial enterprise development. 20 13 The bill requires a condemning authority to send a notice 20 14 of condemnation to the owner of property for which 20 15 condemnation is being considered. The notice must be mailed 20 16 by ordinary mail no less than 30 days before adoption of the 20 17 declaration of intent relating to the public improvement and 20 18 the acquisition or condemnation of the property. The notice, 20 19 at a minimum, should include information on the general nature 20 20 of the public improvement, the intended use of the property, 20 21 the process relating to the public improvement, and 20 22 opportunity for public input relating to the public 20 23 improvement if the law requires public input. 20 24 The bill requires a condemning authority to make a good 20 25 faith effort to negotiate with the owner to purchase the 20 26 private property before filing an application for 20 27 condemnation. The condemning authority is required to provide 20 28 the owner of the property and any lessee of the property with 20 29 a statement of rights. The statement is to be included with 20 30 the notice of condemnation. The bill provides that 20 31 condemnation may not proceed until the notice of condemnation 20 32 containing the statement of individual rights is provided to 20 33 the owner and to any lessee. 20 34 The bill requires a condemning authority to mail a copy of 20 35 the condemnation application filed with the district court to 21 1 the owner of the property. The bill also requires that the 21 2 condemnation application provide information on the minimum 21 3 amount of land necessary for the public improvement and the 21 4 amount of land to be acquired by condemnation. The 21 5 condemnation application must also include a statement of the 21 6 efforts made by the condemning authority to negotiate with the 21 7 owner for the sale of the property prior to filing the 21 8 application. 21 9 The bill requires that a list of the persons selected to 21 10 serve on the compensation commission for condemnation 21 11 proceedings be provided to the condemnation applicant and to 21 12 the owner of the property. The bill allows an applicant or 21 13 owner to challenge the impartiality of any commissioner who 21 14 may then be dismissed for cause. The bill also allows the 21 15 applicant and the owner to each dismiss one commissioner 21 16 without stating cause. 21 17 The bill provides that service of notice of assessment 21 18 shall be mailed by certified mail to applicants or owners or 21 19 persons in interest, any of whom are not residents of the 21 20 state. Currently, service of notice to nonresidents is by 21 21 publication. 21 22 The bill increases the amount to be paid in moving expenses 21 23 from $500 to $5,000 for an owner occupying land that has been 21 24 condemned. The bill also increases that distance that 21 25 personal property is moved for which moving expenses are paid 21 26 from 25 miles to 50 miles. 21 27 The bill requires that notices of appraisement sent to the 21 28 condemning authority and the condemnee be sent by certified 21 29 mail. The bill also changes the time that an interested 21 30 person may appeal the appraisement to district court to 30 21 31 days from receipt of the notice of appraisement. Currently, 21 32 the 30 days starts counting from the date the notice is 21 33 mailed. 21 34 The bill adds outbuildings to the list of property from 21 35 which a landowner may not be dispossessed by condemnation 22 1 without determination and payment of damages. Outbuildings 22 2 are defined as structures and improvements located in close 22 3 proximity to the owner's residence. 22 4 The bill provides that the condemnation applicant shall 22 5 reimburse the county sheriff for the per diem and actual 22 6 expenses paid to members of the compensation commission. The 22 7 bill also provides that the applicant shall reimburse the 22 8 owner of the property for expenses incurred for recording 22 9 fees, transfer taxes, mortgage penalty costs, and similar 22 10 expenses incidental to the transfer of the property to the 22 11 applicant. 22 12 The bill provides that relocation expenses for 22 13 condemnations by the state of Iowa or other entity or person 22 14 having the right to condemn property shall be determined and 22 15 paid in the same manner as relocation expenses for 22 16 condemnations involving federally funded projects. 22 17 The bill requires that a copy of the appraisal, on which 22 18 the purchasing state agency, county, or city will base its 22 19 offer of compensation, be mailed to the owner of the property. 22 20 The bill makes current acquisition policy guidelines for 22 21 projects receiving federal financial assistance applicable to 22 22 any state funded projects and to any other public improvement 22 23 for which condemnation is sought. 22 24 The bill provides that condemnation of property for 22 25 secondary roads shall be conducted according to the provisions 22 26 of chapters 6A and 6B. Those Code sections providing an 22 27 alternative condemnation procedure for counties to follow are 22 28 repealed. 22 29 The bill makes several changes to the law on urban renewal 22 30 as it relates to the power of eminent domain and condemnation 22 31 procedures. The bill provides that, in order to protect land 22 32 used for an agricultural purpose, a municipality (city or 22 33 county) shall not condemn agricultural land included within an 22 34 urban renewal area designated as an economic development area 22 35 without the consent of the owner of the agricultural land. 23 1 The section of the bill amending the definition of 23 2 "economic development area" for purposes of urban renewal, 23 3 applies to urban renewal areas established on or after the 23 4 effective date of the bill. However, the amendment applies to 23 5 urban renewal areas established before the effective date if 23 6 they were amended to add agricultural land to the economic 23 7 development urban renewal area after the effective date of the 23 8 bill. The remaining sections of the bill which amend or 23 9 reference Code chapter 403 apply to urban renewal areas 23 10 established before, on, or after the effective date of the 23 11 bill. 23 12 The bill applies to state highway construction projects 23 13 approved on or after July 1, 1999. The bill applies to all 23 14 other condemnation proceedings in which the application for 23 15 condemnation is filed on or after July 1, 1999. 23 16 LSB 2077HC 78 23 17 sc/gg/8.1
Text: HSB00084 Text: HSB00086 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 10 03:31:35 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00000/HSB00085/990209.html
jhf