Text: HSB00746 Text: HSB00748 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6B.1, Code 1999, is amended to read as 1 2 follows: 1 3 6B.1 PROCEDURE PROVIDED. 1 4 The procedure for the condemnation of private property for 1 5 works of internal improvement, and for other public projects, 1 6 usesand, or purposes, unless and except as otherwise provided 1 7 by law, shall be in accordance with the provisions of this 1 8 chapter. This chapter shall not apply to the dedication of 1 9 property to an acquiring agency or to the voluntary 1 10 negotiation and purchase of property by an acquiring agency. 1 11 Sec. 2. Section 6B.2A, subsection 1, Code Supplement 1999, 1 12 is amended to read as follows: 1 13 1. An acquiring agency shall provide writtennotification1 14 notice of a public hearing to each owner of record ofprivate1 15propertyagricultural land that may be the subject of 1 16 condemnation. The authority under this chapter is not 1 17 conferred and condemnation proceedings shall not begin unless 1 18 a good faith effort is made toservemail and publish the 1 19 notice as provided in this section on the owner of record of 1 20 the property subject to condemnation. The notice shall be 1 21 mailed by ordinary mail, not less than thirty days before the 1 22 date the hearing is held, to the owner ofrecord'srecord of 1 23 each property or property interest at the owner's last known 1 24 addressno less than thirty daysas shown in the records of 1 25 the county auditor not less than seven days nor more than 1 26 fourteen days prior to the date of mailing. A change in 1 27 ownership of any such property which is not reflected in the 1 28 records of the county auditor during the period those records 1 29 are searched as above provided shall not affect the validity 1 30 of the notice or any condemnation proceeding commenced on the 1 31 basis of such notice. The notice shall be given and the 1 32 public hearing held before adoption of the ordinance, 1 33 resolution, motion, or other declaration of intent toproceed1 34withfund the site-specific design for the public improvement, 1 35 to make the final selection of the route or site location for 2 1 the public improvementand the acquisition or condemnation, or 2 2 to acquire or condemn, if necessary, all or a portion of the 2 3 property or an interest in the property for the public 2 4 improvement. If the location of the public improvement is 2 5 changed or expanded after the decision has been made to 2 6 proceed with the public improvement, a notice shall be mailed 2 7 by ordinary mail no less than thirty days before the adoption 2 8 of the ordinance, resolution, motion, or other declaration of 2 9 intent to proceed with a change in the location of the public 2 10 improvement to the owner of record of the land to be acquired 2 11 or condemned, if necessary, in the new location of the public 2 12 improvement affected by the change.The notice shall include2 13the statement of individual rights required under section2 146B.2B.The mailed notice shall, at a minimum, include the 2 15 following information: 2 16 a. The general nature of the public improvement. 2 17 b.The acquiring agency's intended use of the private2 18propertyA statement of the possibility that the acquiring 2 19 agency may acquire part or all of the property or interest in 2 20 the property by condemnation for the public improvement. 2 21 c. The process to be followed by the acquiring agency in 2 22 making the decision toproceed with the public improvement and2 23the acquisition or condemnationfund the site-specific design 2 24 for the public improvement, to make the final selection of the 2 25 route or site location, or to acquire or condemn, if 2 26 necessary, all or a portion of the property or an interest in 2 27 the property for public improvement. 2 28 d. The time,and place, and mannerof a public hearing at 2 29 which an opportunity is provided for public input into the 2 30 decision toproceed with the public improvement and the2 31acquisition or condemnationfund the site-specific design for 2 32 the public improvement, to make the final selection of the 2 33 route or site location, or to acquire or condemn, if 2 34 necessary, all or a portion of the property or an interest in 2 35 the property for the public improvement. 3 1 e.The current status in the planning process for the3 2public improvement, including meetings held and decisions made3 3 The name, address, and telephone number of the person 3 4 designated by the acquiring agency as the person to contact 3 5 regarding the public improvement. 3 6 f. A statement of rights of individual property owners 3 7 with respect to the acquisition of their property and the 3 8 availability of relocation benefits. The attorney general 3 9 shall adopt by rule pursuant to chapter 17A a statement of 3 10 rights which may be used in substantial form by any person 3 11 required to provide the statement of rights as provided in 3 12 this section. 3 13 Sec. 3. Section 6B.2A, subsections 2 and 3, Code 3 14 Supplement 1999, are amended by striking the subsections and 3 15 inserting in lieu thereof the following: 3 16 2. The acquiring agency shall cause a notice to be 3 17 published once in a newspaper of general circulation in the 3 18 county or city where the agricultural land is located. The 3 19 notice should be published at least four but no more than 3 20 twenty days before adoption of the ordinance, resolution, 3 21 motion, or other declaration of intent to fund the site- 3 22 specific design for the public improvement, make the final 3 23 selection of the route or site location for the public 3 24 improvement, or to acquire or condemn, if necessary, part or 3 25 all of the property or an interest in the property for the 3 26 public improvement. The published notice shall, at a minimum, 3 27 include the following information: 3 28 a. The general nature of the public improvement. 3 29 b. A statement of the possibility that the acquiring 3 30 agency may acquire part or all of the property or an interest 3 31 in the property by condemnation for the public improvement. 3 32 c. The process to be followed by the acquiring agency in 3 33 making the decision to fund the site-specific design for the 3 34 public improvement, to make the final selection of the route 3 35 or site location, or to acquire or condemn, if necessary, all 4 1 or a portion of the property or an interest in the property 4 2 for public improvement. 4 3 d. The time and place of a public hearing at which an 4 4 opportunity is provided for public input into the decision to 4 5 fund the site specific design for the public improvement, to 4 6 make the final selection of the route or site location, or to 4 7 acquire or condemn, if necessary, all or a portion of the 4 8 property or an interest in the property for the public 4 9 improvement. 4 10 e. The name, address, and telephone number of the contact 4 11 person regarding the public improvement. 4 12 3. If the acquiring agency is a person required to obtain 4 13 a franchise under chapter 478, compliance with section 478.2 4 14 shall satisfy the notice requirements of this section. 4 15 4. This section shall not apply to a condemnation of 4 16 property by the state department of transportation for right- 4 17 of-way that is contiguous to an existing road right-of-way and 4 18 necessary for the maintenance, safety improvement, or repair 4 19 of the existing road. 4 20 Sec. 4. Section 6B.2A, Code Supplement 1999, is amended by 4 21 adding the following new subsection: 4 22 NEW SUBSECTION. 4. The time deadlines in this section do 4 23 not apply during the existence of an emergency requiring the 4 24 construction or repair of public improvements in situations 4 25 where failure to immediately construct or repair would result 4 26 in immediate danger to public health, safety, or welfare. The 4 27 notices required in this section shall be provided to the 4 28 owner as soon as practicable. 4 29 Sec. 5. Section 6B.2B, subsection 1, Code Supplement 1999, 4 30 is amended to read as follows: 4 31 1. The acquiring agency shall make a good faith effort to 4 32 negotiate with the owner to purchase the private property or 4 33 property interest before filing an application for 4 34 condemnation or otherwise proceeding with the condemnation 4 35 process. An acquiring agency shall not make an offer to 5 1 purchase the property or property interest that is less than 5 2 the fair market value the acquiring agency has established for 5 3 the property or property interest pursuant to the appraisal 5 4 required in section 6B.45. However, an acquiring agency need 5 5 not make an offer in excess of that amount in order to satisfy 5 6 the requirement to negotiate in good faith. An acquiring 5 7 agency is deemed to have met the requirements of this section 5 8 if the acquiring agency complies with section 6B.54. 5 9 Sec. 6. Section 6B.2B, subsection 2, Code Supplement 1999, 5 10 is amended by striking the subsection. 5 11 Sec. 7. NEW SECTION. 6B.2C APPROVAL OF THE PUBLIC 5 12 IMPROVEMENT. 5 13 The authority to condemn is not conferred, and the 5 14 condemnation proceedings shall not commence, unless the 5 15 governing body for the acquiring agency approves the use of 5 16 condemnation and there is a reasonable expectation the 5 17 applicant will be able to achieve its public purpose, comply 5 18 with all applicable standards, and obtain the necessary 5 19 permits. 5 20 Sec. 8. Section 6B.3, subsection 1, paragraph g, Code 5 21 Supplement 1999, is amended to read as follows: 5 22 g. A showing of the minimum amount of land necessary to 5 23 achieve the public purpose and the amount of land to be 5 24 acquired by condemnation for the public improvement. Any land 5 25 to be acquired by condemnation beyond the necessary minimum to 5 26 complete the project shall be presumed not to be necessary for 5 27 a public use or public purpose unless the applicant can show 5 28 that a substantial need exists for the additional property to 5 29 achieve the public use or public purpose, or that the land in 5 30 questionis ofconstitutes an uneconomical remnant that has 5 31 little or no value or utility to the owner, or that the owner 5 32 consents to the condemnation. 5 33 Sec. 9. Section 6B.4, unnumbered paragraph 2, Code 5 34 Supplement 1999, is amended to read as follows: 5 35 The chief judge of the judicial district or the chief 6 1 judge's designee shall select by lot six persons from the 6 2 list, two persons who are owner-operators of agricultural 6 3 property when the property to be condemned is agricultural 6 4 property; two persons who are owners of city property when the 6 5 property to be condemned is other than agricultural property; 6 6 and two persons from each of the remaining two representative 6 7 groups, who shall constitute a compensation commission to 6 8 assess the damages to all property to be taken by the 6 9 applicant and located in the county, and shall name a 6 10 chairperson from the persons selected. The chief judge or the 6 11 judge's designee may appoint such alternative members and 6 12 chairpersons to the commission as are deemed necessary and 6 13 appropriate under the circumstances. A person shall not be 6 14 selected as a member or alternative member of the compensation 6 15 commission if the person possesses any interest in the 6 16 proceeding which would cause the person to render a biased 6 17 decision.The clerk of the district court shall send, by6 18ordinary mail, a list of those persons selected to the6 19applicant and to the owner of the property at the owner's last6 20known address. The list shall be provided prior to the6 21mailing, by any party, of a notice of assessment under section6 226B.8. If the clerk of the district court is unable to locate6 23an address for the owner of the property, the list shall be6 24published once in a newspaper of general circulation in the6 25county. The applicant shall reimburse the clerk of the6 26district court for the cost of mailing and publication.The 6 27 applicant shall mail a copy of the list of commissioners and 6 28 alternates appointed by the chief judge by certified mail to 6 29 the property owner at the owner's last known address. The 6 30 applicant shall also cause the list of commissioners and 6 31 alternates to be published once in a newspaper of general 6 32 circulation in the county, not less than four nor more than 6 33 twenty days before the meeting of the compensation commission 6 34 to assess the damages. Service of the list of commissioners 6 35 and alternates by publication shall be deemed complete on the 7 1 day of publication. In lieu of mailing and publishing the 7 2 list of commissioners and alternates, the applicant may cause 7 3 the list to be served upon the owner of the property in the 7 4 manner provided by personal service of original notice. The 7 5 list of commissioners and alternates shall be mailed and 7 6 published or served, as above provided, prior to or 7 7 contemporaneously with service of the notice of assessment as 7 8 provided in section 6B.8. 7 9 Sec. 10. Section 6B.4, unnumbered paragraph 3, Code 7 10 Supplement 1999, is amended by striking the unnumbered 7 11 paragraph. 7 12 Sec. 11. Section 6B.5, Code 1999, is amended by striking 7 13 the section and inserting in lieu thereof the following: 7 14 6B.5 CHALLENGES TO COMMISSIONERS AND FILLING VACANCIES ON 7 15 THE COMMISSION. 7 16 1. Persons appointed by the chief judge to serve on the 7 17 compensation commission are excused from the commission if 7 18 they are removed for cause, stricken by a challenge pursuant 7 19 to this section, unavailable to serve on the commission, or 7 20 fail to act in their capacity as commissioners. 7 21 2. The applicant may challenge one commissioner without 7 22 stating cause and the person or persons representing the fee 7 23 ownership interest in the property may challenge one 7 24 commissioner without stating cause. A challenge to the 7 25 appointment of a commissioner shall be filed, in writing, with 7 26 the sheriff not less than 7 seven days prior to the meeting of 7 27 the compensation commission, and shall be mailed to the other 7 28 party by ordinary mail on the day of filing. An alternate 7 29 commissioner may not be challenged without cause. A challenge 7 30 filed less than seven days prior to the meeting of the 7 31 commission shall have no effect. 7 32 3. If a person is excused from the commission, the sheriff 7 33 shall select and notify, not less than twenty-four hours prior 7 34 to the meeting, the alternate commissioners appointed for that 7 35 condemnation proceeding, to complete the membership of the 8 1 commission. Alternate commissioners selected and notified 8 2 shall have the same qualifications as the person who is being 8 3 replaced. If no alternates have been appointed, the chief 8 4 judge of the judicial district shall appoint another person 8 5 from the list, possessing the same qualifications as the 8 6 person who is being replaced to complete the membership of the 8 7 commission. 8 8 4. The sheriff shall notify alternate commissioners in the 8 9 order directed by the chief judge, and the alternate 8 10 commissioner first notified who is available to serve as a 8 11 compensation commissioner shall serve in the place of the 8 12 commissioner who was unable to serve or who was stricken from 8 13 the panel. 8 14 5. If a person is excused from the commission, the 8 15 applicant and the property owner may stipulate in writing to 8 16 the selection and notification of a particular alternate 8 17 having the same qualifications as the person who is being 8 18 replaced, to complete the membership of the commission. Such 8 19 stipulation shall be filed with the sheriff not less than 8 20 seventy-two hours prior to the meeting of the commission. 8 21 Sec. 12. NEW SECTION. 6B.6 SHERIFF TO COORDINATE MEETING 8 22 OF COMMISSIONERS AND PROVIDE MEETING PLACE. 8 23 The sheriff of the county in which the property to be 8 24 condemned is located shall coordinate the meeting of 8 25 commissioners, shall arrange an appropriate meeting place for 8 26 commissioners, shall assure that appointed commissioners 8 27 receive the order of the court appointing them and directing 8 28 their attendance at the meeting of commissioners, and shall 8 29 report the unavailability or absence of appointed 8 30 commissioners to the chief judge, to the applicant, and to the 8 31 landowner. 8 32 Sec. 13. Section 6B.7, Code Supplement 1999, is amended to 8 33 read as follows: 8 34 6B.7 COMMISSIONERS TO QUALIFY. 8 35 Beforeproceeding with the assessmentmeeting to assess the 9 1 damages for the taking, all commissioners shall qualify by 9 2 filing with the sheriff a written oath that they will to the 9 3 best of their ability faithfully and impartially assess 9 4 damages and make a written reportcontaining the information9 5used by the commission inassessing the damages to the 9 6 sheriff.The applicant or the owner may challenge one9 7commissioner without stating cause. A challenge to the9 8appointment of a commissioner must be made to the chief judge9 9of the judicial district no less than seventy-two hours before9 10the condemnation jury is set to meet. A commissioner shall be9 11appointed to fill a vacancy resulting from a challenge no less9 12than twenty-four hours before the jury is set to meet.9 13 Sec. 14. Section 6B.8, Code Supplement 1999, is amended to 9 14 read as follows: 9 15 6B.8 NOTICE OF ASSESSMENT. 9 16 The applicant, or the owner or any lienholder or 9 17 encumbrancer of any land described in the application, may, at 9 18 any time after the appointment of the commissioners, have the 9 19 damages to the lands of any such owner assessed by giving the 9 20 other party, if a resident of this state, thirty days' notice, 9 21 in writing. The notice shall specify the day and the hour 9 22 when thecommissionerscompensation commission will meet, view 9 23 the premises, and assess the damages. The notice shall be 9 24 personally served upon all necessary parties in the same 9 25 manner as original notices. If a city or county, or an agency 9 26 of a city or county, is seeking to condemn agricultural land 9 27 for an industry as that term is defined in section 260E.2, the 9 28 notice shall inform the landowner that the landowner may 9 29 request that the compensation commission review the 9 30 application as provided in section 6B.4A. 9 31Service of the notice to a person not a resident of this9 32state shall be by certified mail to the person's last known9 33address. At the same time, the applicant shall cause a notice9 34to be published once in a newspaper of general circulation in9 35the county prior to the day fixed for the appraisement, which10 1day shall be at least thirty days after publication. Service10 2of notice in this manner shall be deemed complete on the day10 3of publication.10 4 Sec. 15. Section 6B.11, Code Supplement 1999, is amended 10 5 to read as follows: 10 6 6B.11 FILING OF NOTICES AND RETURN OF SERVICE. 10 7 Notices, immediately after the service thereof, shall, with 10 8 proper return of service endorsed thereon or attached thereto, 10 9 be filed with the sheriff. The sheriff shall at once cause 10 10 the commissioners to be notified of the day and hour when they 10 11 will be required to proceed with the appraisement.The notice10 12to the commissioners shall also be published by the sheriff10 13pursuant to section 331.305.10 14 Sec. 16. Section 6B.14, Code Supplement 1999, is amended 10 15 by adding the following new unnumbered paragraph after 10 16 unnumbered paragraph 1: 10 17 NEW UNNUMBERED PARAGRAPH. Prior to the open meeting of the 10 18 commission, the commission or a commissioner shall not 10 19 communicate with the applicant, property owner, or tenant, or 10 20 their agents, regarding the condemnation proceedings. The 10 21 commissioners shall meet in open session to view the property 10 22 and to receive evidence, but may deliberate in closed session. 10 23 After closed session deliberations commence, the commission 10 24 and each commissioner is prohibited from communicating with 10 25 any party to the proceeding, unless such communication occurs 10 26 in the presence of or with the consent of the property owner 10 27 and the other parties who appeared before the commission. 10 28 Sec. 17. Section 6B.25, Code 1999, is amended to read as 10 29 follows: 10 30 6B.25 RIGHT TO TAKE POSSESSION OF LANDS – TITLE. 10 31 Upon the filing of the commissioners' report with the 10 32 sheriff, the applicant may deposit with the sheriff the amount 10 33 assessed in favor of a claimant, and the applicant, except as 10 34 otherwise provided, may take possession of the land condemned 10 35 and proceed with the improvement. An appeal from the 11 1 assessment does not affect the right, except as otherwise 11 2 provided. Prior to expiration of the time provided for 11 3 appeal, the property owner may apply to the district court for 11 4 release of that part of the damages deposited which the court 11 5 finds proper. If there is not an appeal by any party, the 11 6 property owner shall be entitled to the whole of the damages 11 7 awarded. Upon appeal from the commissioners' award of damages 11 8 the district court may direct that the part of the amount of 11 9 damages deposited with the sheriff, as it finds just and 11 10 proper, be paid to the claimant. If upon trial of the appeal 11 11 a lesser amount is awarded the difference between the amount 11 12 so awarded and the amount paid shall be repaid by the person 11 13 to whom it was paid and upon failure to make the repayment the 11 14 party shall have judgment entered against the person who 11 15 received the excess payment. Title to the property or the 11 16 interests in property passes to the applicant when damages 11 17 have been finally determined and paid. 11 18 Sec. 18. Section 6B.33, Code Supplement 1999, is amended 11 19 to read as follows: 11 20 6B.33 COSTS AND ATTORNEY FEES. 11 21 The applicant shall pay all costs of the assessment made by 11 22 the commissioners and reasonable attorney fees and costs 11 23 incurred by the condemnee as determined by the commissioners 11 24 if the award of the commissioners exceeds one hundred ten 11 25 percent of the final offer of the applicant prior to 11 26 condemnation. The applicant shall file with the sheriff an 11 27 affidavit setting forth the most recent offer made to the 11 28 person whose property is sought to be condemned. Members of 11 29 such commissions shall receive a per diem offiftytwo hundred 11 30 dollars and actual and necessary expenses incurred in the 11 31 performance of their official duties. The applicant shall 11 32 reimburse the county sheriff for the per diem and expense 11 33 amounts paid by the sheriff to the members. The applicant 11 34 shall reimburse the owner for the expenses the owner incurred 11 35 for recording fees, penalty costs for full or partial 12 1 prepayment of any preexisting recorded mortgage entered into 12 2 in good faith encumbering the property, and for similar 12 3 expenses incidental to conveying the property to the 12 4 applicant. The applicant shall also pay all costs occasioned 12 5 by the appeal, including reasonable attorney fees to be taxed 12 6 by the court, unless on the trial thereof the same or a lesser 12 7 amount of damages is awarded than was allowed by the tribunal 12 8 from which the appeal was taken. 12 9 Sec. 19. Section 6B.45, Code Supplement 1999, is amended 12 10 to read as follows: 12 11 6B.45 MAILING COPY OF APPRAISAL. 12 12 When any real property or interest in real property is to 12 13 be purchased, or in lieu thereof to be condemned, the 12 14 acquiring agency or its agent shall submit to the person, 12 15 corporation, or entity whose property or interest in the 12 16 property is to be taken, by ordinary mail, at least ten days 12 17 prior to the dateof contactupon which the acquiring agency 12 18 or its agent contacts the property owner to commence 12 19 negotiations, a copy of the appraisal in its entirety upon 12 20 such real property or interest in such real property prepared 12 21 for the acquiring agency or its agent, which shall include, at 12 22 a minimum, an itemization of the appraised value of the real 12 23 property or interest in the property, any buildings on the 12 24 property, all other improvements including fences, severance 12 25 damages, and loss of access. The appraisal sent to the 12 26 condemnee shall be that appraisal upon which the condemnor 12 27 will rely to establish an amount which the condemnor believes 12 28 to be just compensation for the real property. All other 12 29 appraisals made on the property as a result of the 12 30 condemnation proceeding shall be made available to the 12 31 condemnee upon request. In lieu of an appraisal, a utility or 12 32 person under the jurisdiction of the utilities board of the 12 33 department of commerce, or any other utility conferred the 12 34 right by statute to condemn private property, shall provide in 12 35 writing by certified mail to the owner of record thirty days 13 1 prior to negotiations, the methods and factors used in 13 2 arriving at an offered price for voluntary easements including 13 3 the range of cash amount of each component. An acquiring 13 4 agency may obtain a signed written waiver from the landowner 13 5 to allow negotiations to commence prior to the expiration of 13 6 the applicable waiting period for the commencement of 13 7 negotiations. 13 8 Sec. 20. Section 6B.57, Code Supplement 1999, is amended 13 9 to read as follows: 13 10 6B.57 PROCEDURAL COMPLIANCE. 13 11 Ifa cityan acquiring agency makes a good faith effort to 13 12 serve, send, or provide the notices or documents required 13 13 under this chapter to the owner of private property that is or 13 14 may be the subject of condemnation, but fails to provide the 13 15 notice or documents to the owner, such failure shall not 13 16 constitute grounds for invalidation of the condemnation 13 17 proceeding if the chief judge of the judicial district 13 18 determines that such failure can be corrected by delaying the 13 19 condemnation proceedings to allow compliance with the 13 20 requirementandor such failure does not unreasonably 13 21 prejudice the owner. 13 22 Sec. 21. Section 478.2, unnumbered paragraphs 2 and 5, 13 23 Code 1999, are amended to read as follows: 13 24 As conditions precedent to the filing of a petition with 13 25 the utilities board requesting a franchise for a new 13 26 transmission line, and not less than thirty days prior to the 13 27 filing of such petition, the person, company, or corporation 13 28 shall hold informational meetings in each county in which real 13 29 property or rights will be affected. A member of the board, 13 30 the counsel of the board, or a hearing examiner designated by 13 31 the board shall serve as the presiding officer at each meeting 13 32and, shall present an agenda for such meeting which shall 13 33 include a summary of the legal rights of the affected 13 34 landowners, and shall distribute and review the statement of 13 35 individual rights required under section 6B.2A, subsection 1. 14 1NoA formal record of the meeting shall not be required. 14 2 The notice shall set forth the name of the applicant; state 14 3 the applicant's principal place of business; state the general 14 4 description and purpose of the proposed project; state the 14 5 general nature of theright of wayright-of-way desired; state 14 6 the possibility that the right-of-way may be acquired by 14 7 condemnation if approved by the utilities board; provide a map 14 8 showing the route of the proposed project; provide a 14 9 description of the process used by the utilities board in 14 10 making a decision on whether to approve a franchise or grant 14 11 the right to take property by eminent domain; advise that the 14 12 landowner has the right to be present at such meetings and to 14 13 file objections with the utilities board; designate the place 14 14 and time of the meeting; be served not less than thirty days 14 15 prior to the time set for the meeting by certified mail with 14 16 return receipt requested; and be published once in a newspaper 14 17 of general circulation in the county at least one week and not 14 18 more than three weeks before the time of the meeting and such 14 19 publication shall be considered notice to landowners whose 14 20 residence is not known. 14 21 Sec. 22. Section 478.6, unnumbered paragraph 2, Code 1999, 14 22 is amended to read as follows: 14 23 Where a petition seeks the use of the right of eminent 14 24 domain over specific parcels of real property, the board shall 14 25 prescribe the notice to be served upon the owners of record 14 26 and parties in possession ofsaidthe property over which the 14 27 use of the right of eminent domain is sought. The notice 14 28 shall include the statement of individual rights required 14 29 pursuant to section 6B.2A, subsection 1. 14 30 Sec. 23. Section 6B.12, Code Supplement 1999, and section 14 31 6B.13, Code 1999, are repealed. 14 32 Sec. 24. EFFECTIVE DATE. This Act, being deemed of 14 33 immediate importance, takes effect upon enactment. 14 34 EXPLANATION 14 35 This bill makes several changes to the law relating to the 15 1 condemnation of private property by an acquiring agency. 15 2 Code section 6B.1 is amended to provide that the Code 15 3 chapter prescribing the condemnation process does not apply to 15 4 property dedicated to an acquiring agency or to property 15 5 obtained by an acquiring agency through voluntary negotiation 15 6 and purchase. 15 7 Code section 6B.2A is amended to strike the requirement 15 8 that an acquiring agency give notice of a proposed public 15 9 improvement that may involve condemnation of property and 15 10 replaces it with the requirement of a public hearing if 15 11 agricultural land located outside a city may be acquired for a 15 12 public improvement. The section is also amended to provide 15 13 that the time deadlines do not apply during an emergency 15 14 requiring construction or repair of public improvements. 15 15 Code section 6B.2B is amended to provide that if an 15 16 acquiring agency offers to purchase the land for fair market 15 17 value as determined by the agency, the agency has satisfied 15 18 the requirement that it negotiate in good faith with the 15 19 owner. Also, if an agency follows the acquisition policies as 15 20 set forth in Code chapter 6B, the agency is conclusively 15 21 presumed to have satisfied the requirement to negotiate in 15 22 good faith. 15 23 Code section 6B.2C is enacted to provide that condemnation 15 24 proceedings shall not begin until the governing body of the 15 25 acquiring agency approves the use of condemnation and the 15 26 acquiring agency has complied with applicable standards and 15 27 obtained the necessary permits. 15 28 Code section 6B.3, which contains the requirements for 15 29 condemnation applications, amends the requirement that the 15 30 acquiring agency make a showing of the minimum amount of land 15 31 necessary for the improvement and the amount of land to be 15 32 condemned and provides that excess property may be condemned 15 33 as an uneconomical remnant. 15 34 Code section 6B.4 is amended to provide that the condemner 15 35 shall mail the list of compensation commissioners and 16 1 alternates to the property owner. The condemner is also 16 2 required to publish the list. 16 3 Code section 6B.5 is amended to provide that if someone 16 4 selected to serve on a compensation commission is unable to 16 5 serve, the sheriff shall notify alternate commissioners in the 16 6 order directed by the chief judge until a replacement is 16 7 appointed. Also, the section is amended to allow parties to a 16 8 condemnation to challenge appointment of a commissioner. 16 9 New Code section 6B.6 is enacted to require the sheriff to 16 10 arrange the meeting of the compensation commission. 16 11 Code section 6B.7 is amended to remove the language on 16 12 appointment and striking of commissioners. 16 13 Code section 6B.8 is amended to strike the 30-day notice of 16 14 assessment and provides that the condemnation application and 16 15 order shall be personally served on the property owner. 16 16 Code section 6B.11 is amended to strike the requirement 16 17 that the sheriff publish the notice to the commissioners to 16 18 proceed with an appraisement. 16 19 Code section 6B.14 is amended to provide that the 16 20 compensation commission may meet in open session to view the 16 21 property and receive evidence, but may deliberate in closed 16 22 session. During closed session deliberations, commissioners 16 23 are prohibited from communicating with any party to the action 16 24 unless the other party consents. The section is also amended 16 25 to provide that a commissioner may not communicate with a 16 26 party to the action prior to the open meeting. 16 27 Code section 6B.25 is amended to provide that a property 16 28 owner may apply to the court for release of a portion of 16 29 damages prior to expiration of the time for appeal. 16 30 Code section 6B.33 is amended to increase the per diem for 16 31 compensation commission members from $50 to $200. 16 32 Code section 6B.45 is amended to require that an acquiring 16 33 agency secure a copy of an appraisal of land to be condemned 16 34 and provide a copy of the appraisal to the property owner at 16 35 least 10 days before the acquiring agency contacts the 17 1 property owner to begin negotiations. 17 2 Code section 6B.57 is amended to add all acquiring agencies 17 3 to the procedural compliance section. Currently, only cities 17 4 are covered by this section which provides that a procedural 17 5 error in providing notices for a condemnation action is not 17 6 fatal to the action if the error can be corrected or if it 17 7 does not unreasonably prejudice the property owner. 17 8 Code sections 6B.12 and 6B.13, relating to service of 17 9 notice, are repealed and repeated elsewhere in Code chapter 17 10 6B. 17 11 The bill makes corresponding amendments to Code sections 17 12 478.2 and 478.6 to add the statement of individual rights to 17 13 the information to be mailed with the notice to the landowner 17 14 by the utility and to be provided at the informational meeting 17 15 held on the project. 17 16 The bill also amends Code section 478.2 to require that the 17 17 notice of informational meeting provide a description of the 17 18 process followed by the utility when granting a franchise or 17 19 condemning property and state the possibility that the right- 17 20 of-way may be acquired by condemnation. 17 21 The bill also amends Code section 478.6 to require that the 17 22 statement of individual rights be mailed to each landowner 17 23 along with the notice of hearing on condemnation required by 17 24 that section. 17 25 LSB 5864HC 78 17 26 sc/cf/24
Text: HSB00746 Text: HSB00748 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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