Text: S03214 Text: S03216 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 476, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 2, line 2, by inserting after the figure
1 4 "403.17," the following: "to a recreational trail if
1 5 the state transportation commission has approved the
1 6 use of eminent domain under section 307A.2, subsection
1 7 16, or if the natural resource commission has approved
1 8 the use of eminent domain under section 455A.5,
1 9 subsection 7,".
1 10 #2. Page 19, by inserting after line 24 the
1 11 following:
1 12 "Sec. ___. Section 307A.2, Code 1999, is amended
1 13 by adding the following new subsection:
1 14 NEW SUBSECTION. 16. Review all applications
1 15 submitted by acquiring agencies requesting approval
1 16 for an acquiring agency to exercise eminent domain
1 17 authority over agricultural land for routing a
1 18 recreational trail and determine whether the use of
1 19 such authority is necessary for the routing of a
1 20 recreational trail.
1 21 Approval of an application by an acquiring agency
1 22 to exercise the right of eminent domain to acquire
1 23 agricultural land for a recreational trail may be
1 24 granted for a specific land area upon a finding of
1 25 public necessity. When making a determination of
1 26 public necessity, the commission shall consider all of
1 27 the following:
1 28 a. The feasibility of acquiring the agricultural
1 29 land by methods other than condemnation.
1 30 b. The public cost and public benefit of locating
1 31 the trail where it is most feasible to maintain or
1 32 enhance public safety.
1 33 c. The existence of willing sellers at other
1 34 locations in the area which locations would provide
1 35 the same level of public safety.
1 36 d. The ability to adapt the recreational trail
1 37 plans to avoid the use of condemnation.
1 38 For purposes of this subsection, "acquiring agency"
1 39 means the same as in section 6B.58."
1 40 #3. Page 24, by inserting after line 3 the
1 41 following:
1 42 "Sec. ___. Section 455A.5, Code 1999, is amended
1 43 by adding the following new subsection:
1 44 NEW SUBSECTION. 7. The commission shall review
1 45 all applications submitted by acquiring agencies
1 46 requesting approval for an acquiring agency to
1 47 exercise eminent domain authority over agricultural
1 48 land for routing a recreational trail and shall
1 49 determine whether the use of such authority is
1 50 necessary for the routing of a recreational trail.
2 1 Approval of an application by an acquiring agency
2 2 to exercise the right of eminent domain to acquire
2 3 agricultural land for a recreational trail may be
2 4 granted for a specific land area upon a finding of
2 5 public necessity. When making a determination of
2 6 public necessity, the commission shall consider all of
2 7 the following:
2 8 a. The feasibility of acquiring the agricultural
2 9 land by methods other than condemnation.
2 10 b. The public cost and public benefit of locating
2 11 the trail where it is most feasible to maintain and
2 12 enhance public safety.
2 13 c. The existence of willing sellers at other
2 14 feasible locations in the area which locations would
2 15 provide the same level of public safety.
2 16 d. The ability to adapt the recreational trail
2 17 plans to avoid the use of condemnation.
2 18 For purposes of this subsection, "acquiring agency"
2 19 means the same as in section 6B.58."
2 20 #4. By renumbering as necessary.
2 21
2 22
2 23
2 24 DENNIS H. BLACK
2 25 HF 476.516 78
2 26 sc/jw
Text: S03214 Text: S03216 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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