Text: S05336 Text: S05338 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2528, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, line 14, by inserting after the word 1 4 "owner" the following: "and any contract purchaser". 1 5 #2. Page 1, line 19, by inserting after the word 1 6 "owner" the following: "and any contract purchaser". 1 7 #3. Page 1, line 22, by inserting after the word 1 8 "owner" the following: "and any contract purchaser". 1 9 #4. Page 1, line 23, by inserting after the word 1 10 "owner's" the following: "and contract purchaser's". 1 11 #5. Page 1, line 34, by inserting after the words 1 12 "fund the" the following: "final". 1 13 #6. Page 2, line 10, by inserting after the word 1 14 "owner" the following: "and any contract purchaser". 1 15 #7. Page 2, line 23, by inserting after the words 1 16 "fund the" the following: "final". 1 17 #8. Page 2, line 31, by inserting after the words 1 18 "fund the" the following: "final". 1 19 #9. Page 3, line 19, by striking the word "should" 1 20 and inserting the following: "shall". 1 21 #10. Page 3, by striking lines 20 through 26, and 1 22 inserting the following: "twenty days before the 1 23 public hearing is held as referred to in subsection 1. 1 24 The published notice shall, at a minimum,". 1 25 #11. Page 3, line 33, by inserting after the words 1 26 "fund the" the following: "final". 1 27 #12. Page 4, line 5, by striking the words "site 1 28 specific" and inserting the following: "final site- 1 29 specific". 1 30 #13. Page 4, line 14, by inserting after the word 1 31 "section." the following: "If the acquiring agency is 1 32 a person required to obtain a permit under chapter 1 33 479, compliance with section 479.5 shall satisfy the 1 34 notice requirements of this section." 1 35 #14. By striking page 10, line 29, through page 1 36 11, line 3. 1 37 #15. Page 11, by inserting before line 4, the 1 38 following: 1 39 "Sec. . Section 6B.14, unnumbered paragraph 1, 1 40 Code Supplement 1999, is amended to read as follows: 1 41 The commissioners shall, at the time fixed in the 1 42 aforesaid notices, view the land sought to be 1 43 condemned and assess the damages which the owner will 1 44 sustain by reason of the appropriation; and they. The 1 45 commission shall filetheirits written report, signed 1 46 by all commissioners, with the sheriff. At the 1 47 request of the condemner or the condemnee, the 1 48 commission shall divide the damages into parts to 1 49 indicate the value of any dwelling, the value of the 1 50 land and improvements other than a dwelling, and the 2 1 value of any additional damages. The appraisement and 2 2 return may be in parcels larger than forty acres 2 3 belonging to one person and lying in one tract, unless 2 4 the agent or attorney of the applicant, or the 2 5 commissioners, have actual knowledge that the tract 2 6 does not belong wholly to the person in whose name it 2 7 appears of record; and in case of such knowledge, the 2 8 appraisement shall be made of the different portions 2 9 as they are known to be owned." 2 10 #16. Page 11, line 12, by striking the word 2 11 "shall" and inserting the following: "may". 2 12 #17. Page 11, line 13, by striking the words 2 13 "closed session". 2 14 #18. Page 11, line 18, by inserting after the word 2 15 "commission." the following: "The commission shall 2 16 keep minutes of all its meetings showing the date, 2 17 time, and place, the members present, and the action 2 18 taken at each meeting. The minutes shall show the 2 19 results of each vote taken and information sufficient 2 20 to indicate the vote of each member present. The vote 2 21 of each member present shall be made public at the 2 22 open session. The minutes shall be public records 2 23 open to public inspection." 2 24 #19. Page 14, line 4, by inserting after the word 2 25 "owner" the following: "and any contract purchaser". 2 26 #20. Page 14, line 6, by inserting after the word 2 27 "owner" the following: "and any contract purchaser". 2 28 #21. Page 14, line 12, by inserting after the word 2 29 "owner" the following: "or any contract purchaser". 2 30 #22. Page 15, by inserting after line 21, the 2 31 following: 2 32 "Sec. . Section 479.5, unnumbered paragraphs 3 2 33 and 6, Code 1999, are amended to read as follows: 2 34 A pipeline company shall hold informational 2 35 meetings in each county in which real property or 2 36 property rights will be affected at least thirty days 2 37 prior to filing the petition for a new pipeline. A 2 38 member of the board or a person designated by the 2 39 board shall serve as the presiding officer at each 2 40 meetingand, shall present an agenda for the meeting 2 41 which shall include a summary of the legal rights of 2 42 the affected landowners, and shall distribute and 2 43 review the statement of individual rights required 2 44 under section 6B.2A.NoA formal record of the 2 45 meeting shall not be required. 2 46 The notice shall set forth the name of the 2 47 applicant; the applicant's principal place of 2 48 business; the general description and purpose of the 2 49 proposed project; the general nature of the right-of- 2 50 way desired; the possibility that the right-of-way may 3 1 be acquired by condemnation if approved by the 3 2 utilities board; a map showing the route of the 3 3 proposed project; a description of the process used by 3 4 the utilities board in making a decision on whether to 3 5 approve a permit including the right to take property 3 6 by eminent domain; that the landowner has a right to 3 7 be present at such meeting and to file objections with 3 8 the board; and a designation of the time and place of 3 9 the meeting; and. The notice shall be served by 3 10 certified mail with return receipt requested not less 3 11 than thirty days previous to the time set for the 3 12 meeting; and shall be published once in a newspaper of 3 13 general circulation in the county. The publication 3 14 shall be considered notice to landowners whose 3 15 residence is not known and to each person in 3 16 possession of or residing on the property provided a 3 17 good faith effort to notify can be demonstrated by the 3 18 pipeline company. 3 19 Sec. . Section 479.7, Code 1999, is amended by 3 20 adding the following new unnumbered paragraph: 3 21 NEW UNNUMBERED PARAGRAPH. Where a petition seeks 3 22 the use of the right of eminent domain over specific 3 23 parcels of real property, the board shall prescribe 3 24 the notice to be served upon the owners of record and 3 25 parties in possession of the property over which the 3 26 use of the right of eminent domain is sought. The 3 27 notice shall include the statement of individual 3 28 rights required pursuant to section 6B.2A." 3 29 #23. By renumbering as necessary. 3 30 3 31 3 32 3 33 JEFF ANGELO 3 34 3 35 3 36 3 37 JOE BOLKCOM 3 38 3 39 3 40 3 41 RICHARD F. DRAKE 3 42 3 43 3 44 3 45 ANDY McKEAN 3 46 3 47 3 48 3 49 STEVE KING 3 50 4 1 4 2 4 3 MATT McCOY 4 4 HF 2528.707 78 4 5 sc/cls
Text: S05336 Text: S05338 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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