Text: S03477 Text: S03479 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the Senate amendment, H-1536, to House File 1 2 476, as amended, passed, and reprinted by the House, 1 3 as follows: 1 4 #1. Page 1, line 11, by inserting after the word 1 5 "to" the following: "agricultural". 1 6 #2. Page 1, by striking lines 17 through 23. 1 7 #3. Page 1, by inserting after line 24 the 1 8 following: 1 9 "# . Page 5, line 2, by inserting after the word 1 10 "sought." the following: "For purposes of section 1 11 6B.4A, if condemnation of agricultural land is sought 1 12 by a city or county, or an agency of a city or county, 1 13 for location of an industry as that term is defined in 1 14 section 260E.2, the application shall so state. 1 15 However, the city or county shall not be required to 1 16 disclose information on an industrial prospect with 1 17 which the city or county is currently negotiating. 1 18 ___. Page 7, by inserting after line 31 the 1 19 following: 1 20 Sec. . NEW SECTION. 6B.4A REVIEW OF 1 21 APPLICATIONS BY COMPENSATION COMMISSION. 1 22 1. If a city or county, or an agency of a city or 1 23 county, has filed an application for condemnation of 1 24 agricultural land for industry, the application is 1 25 subject to review by the compensation commission 1 26 pursuant to this section. 1 27 2. At any time before the thirty-day notice of 1 28 assessment expires pursuant to section 6B.8, a 1 29 landowner may apply to the compensation commission for 1 30 review of the condemnation application to determine 1 31 whether the use of condemnation is necessary for the 1 32 placement of an industry in the community. When 1 33 reviewing an application, the commission shall 1 34 consider all of the following: 1 35 a. The feasibility of acquiring the agricultural 1 36 land by methods other than condemnation. 1 37 b. The public cost and public benefit from 1 38 locating the industry on the agricultural land. 1 39 c. The ability to adapt the industry development 1 40 plans to avoid the use of condemnation. 1 41 d. The existence of a specific industry to be 1 42 located on the agricultural land. 1 43 e. The amount of agricultural land requested to be 1 44 condemned compared to the total amount of agricultural 1 45 land needed for the project. 1 46 3. The commission shall approve or deny the 1 47 application for condemnation within thirty days of 1 48 receiving a request to review the condemnation 1 49 application. A majority vote of the commission 1 50 members is necessary to approve or deny a condemnation 2 1 application. The sheriff shall notify the landowner 2 2 and condemner of the commission's determination by 2 3 certified mail. 2 4 4. A determination made by the compensation 2 5 commission pursuant to this section shall be final 2 6 unless appealed from. An appeal must be filed with 2 7 the district court within thirty days of mailing the 2 8 commission's determination to the condemner and the 2 9 landowner. At the time of appeal, the appellant shall 2 10 give written notice that the appeal has been taken to 2 11 the adverse party, or the adverse party's agent or 2 12 attorney. Notice of an appeal shall be served in the 2 13 same manner as an original notice. The appeal shall 2 14 be docketed in the name of the person appealing and 2 15 all other interested parties to the action shall be 2 16 defendants. 2 17 5. This section does not apply to condemnation of 2 18 agricultural land if the industry is an eligible 2 19 business under section 15.329 and the department of 2 20 economic development enters into an agreement under 2 21 section 15.330 with the industry. 2 22 6. For purposes of this section, "industry" means 2 23 the same as defined in section 260E.2. 2 24 # . Page 8, line 3, by inserting after the word 2 25 "report" the following: "containing the information 2 26 used by the commission in assessing the damages". 2 27 ___. Page 8, line 22, by inserting after the word 2 28 "notices." the following: "If a city or county, or an 2 29 agency of a city or county, is seeking to condemn 2 30 agricultural land for an industry as that term is 2 31 defined in section 260E.2, the notice shall inform the 2 32 landowner that the landowner may request that the 2 33 compensation commission review the application as 2 34 provided in section 6B.4A."" 2 35 #4. By striking page 1, line 27, through page 2, 2 36 line 13, and inserting the following: 2 37 "Sec. . Section 6B.21, Code 1999, is amended to 2 38 read as follows: 2 39 6B.21 APPEALS HOW DOCKETED AND TRIED. 2 40 The appeal shall be docketed in the name of the 2 41 person appealing and all other interested parties to 2 42 the action shall be defendants. In the event the 2 43 condemner and the condemnee appeal, the appeal shall 2 44 be docketed in the name of the appellant which filed 2 45 the application for condemnation and all other parties 2 46 to the action shall be defendants. The appeal shall 2 47 be tried as in an action by ordinary proceedings.The2 48appraisement of damages by the compensation commission2 49is admissible in the action." 2 50 #5. Page 2, by inserting before line 14 the 3 1 following: 3 2 "# . Page 16, line 5, by inserting after the 3 3 word "to" the following: "or benefiting"." 3 4 #6. Page 2, line 23, by inserting before the word 3 5 "land" the following: "agricultural". 3 6 #7. Page 2, line 26, by inserting before the word 3 7 "land" the following: "agricultural". 3 8 #8. Page 2, line 35, by striking the word "is" and 3 9 inserting the following: "has been". 3 10 #9. Page 2, line 36, by inserting after the word 3 11 "commodities" the following: "during three out of the 3 12 past five years". 3 13 #10. By renumbering, relettering, or redesignating 3 14 and correcting internal references as necessary. 3 15 HF 476S 3 16 sc/jg/25
Text: S03477 Text: S03479 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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