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PAG LIN 1 1 Section 1. NEW SECTION. 6A.21 CONDEMNATION OF 1 2 AGRICULTURAL LAND – DEFINITIONS. 1 3 1. Except as otherwise provided, for purposes of this 1 4 chapter and chapter 6B: 1 5 a. "Agricultural land" means real property that is used 1 6 for the production of agricultural commodities and from which 1 7 one thousand dollars or more of agricultural commodities were 1 8 sold or normally would be sold during the year. Such use of 1 9 property includes, but is not limited to, the raising, 1 10 harvesting, handling, drying, or storage of crops used for 1 11 feed, food, seed, or fiber; the care or feeding of livestock; 1 12 the handling or transportation of crops or livestock; the 1 13 storage, treatment, or disposal of livestock manure; and the 1 14 application of fertilizers, soil conditioners, pesticides, and 1 15 herbicides on crops. Agricultural land includes land on which 1 16 is located farm residences or outbuildings used for 1 17 agricultural purposes and land on which is located facilities, 1 18 structures, or equipment for agricultural purposes. 1 19 Agricultural land includes land taken out of agricultural 1 20 production for purposes of environmental protection or 1 21 preservation. 1 22 b. "Private development purposes" means the construction 1 23 of, or improvement related to, recreational trails, 1 24 recreational development paid for primarily with private 1 25 funds, housing and residential development, or commercial or 1 26 industrial enterprise development. 1 27 c. "Public use" or "public purpose" or "public 1 28 improvement" does not include the authority to condemn 1 29 agricultural land for private development purposes unless the 1 30 owner of the agricultural land consents to the condemnation. 1 31 2. The limitation on the definition of public use, public 1 32 purpose, or public improvement does not apply to a slum area 1 33 or blighted area as defined in section 403.17, or to an 1 34 industrial enterprise if the economic development board has 1 35 approved the use of eminent domain under section 15.104, 2 1 subsection 9, or to the establishment, relocation, or 2 2 improvement of a road pursuant to chapter 306, or to an 2 3 airport as defined in section 328.1, or to land acquired in 2 4 order to replace or mitigate land used in a road project when 2 5 federal law requires replacement or mitigation. This 2 6 limitation also does not apply to utilities or persons under 2 7 the jurisdiction of the Iowa utilities board in the department 2 8 of commerce or to any other utility conferred the right by 2 9 statute to condemn private property or to otherwise exercise 2 10 the power of eminent domain. 2 11 Sec. 2. NEW SECTION. 6B.2A NOTICE OF PROPOSED PUBLIC 2 12 IMPROVEMENT. 2 13 1. An acquiring agency shall provide written notification 2 14 to each owner of record of private property that may be the 2 15 subject of condemnation. The authority under this chapter is 2 16 not conferred and condemnation proceedings shall not begin 2 17 unless a good faith effort is made to serve the notice as 2 18 provided in this section on the owner of record of the 2 19 property subject to condemnation. The notice shall be mailed 2 20 by ordinary mail to the owner of record's last known address 2 21 no less than thirty days before adoption of the ordinance, 2 22 resolution, motion, or other declaration of intent to proceed 2 23 with the public improvement and the acquisition or 2 24 condemnation, if necessary, of the property. If the location 2 25 of the public improvement is changed or expanded after the 2 26 decision has been made to proceed with the public improvement, 2 27 a notice shall be mailed by ordinary mail no less than thirty 2 28 days before the adoption of the ordinance, resolution, motion, 2 29 or other declaration of intent to proceed with a change in the 2 30 location of the public improvement to the owner of record of 2 31 the land to be acquired or condemned, if necessary, in the new 2 32 location of the public improvement affected by the change. 2 33 The notice shall include the statement of individual rights 2 34 required under section 6B.2B. The notice shall, at a minimum, 2 35 include the following information: 3 1 a. The general nature of the public improvement. 3 2 b. The acquiring agency's intended use of the private 3 3 property for the public improvement. 3 4 c. The process to be followed by the acquiring agency in 3 5 making the decision to proceed with the public improvement and 3 6 the acquisition or condemnation, if necessary, of the 3 7 property. 3 8 d. The time, place, and manner at which an opportunity is 3 9 provided for public input into the decision to proceed with 3 10 the public improvement and the acquisition or condemnation, if 3 11 necessary, of the property. 3 12 e. The current status in the planning process for the 3 13 public improvement, including meetings held and decisions 3 14 made. 3 15 2. The authority to condemn is not conferred until the 3 16 appropriate authority approves the public improvement, 3 17 including the approval of any permits required by state or 3 18 federal law which permits are necessary for commencement of 3 19 the project. This subsection does not apply to land condemned 3 20 for public improvements undertaken pursuant to section 306.19. 3 21 3. If, after making a good faith effort, an acquiring 3 22 agency is unable to ascertain the owner of record's last known 3 23 address, or the identity of the owner of record is uncertain, 3 24 or the mail is returned as undeliverable or is refused, the 3 25 acquiring agency shall cause a notice to be published once in 3 26 a newspaper of general circulation in the county or city where 3 27 the private property is located. 3 28 Sec. 3. NEW SECTION. 6B.2B ACQUISITION NEGOTIATION 3 29 STATEMENT OF RIGHTS. 3 30 1. The acquiring agency shall make a good faith effort to 3 31 negotiate with the owner to purchase the private property 3 32 before filing an application for condemnation or otherwise 3 33 proceed with the condemnation process. 3 34 2. The acquiring agency shall provide the owner of record 3 35 of the private property with a statement of their individual 4 1 rights to be included with the notice required under section 4 2 6B.2A. The attorney general shall adopt rules pursuant to 4 3 chapter 17A prescribing a statement of rights which may be 4 4 used in substantial form by any person required to provide the 4 5 statement by this section. 4 6 Sec. 4. Section 6B.3, Code 1999, is amended to read as 4 7 follows: 4 8 6B.3 APPLICATION – RECORDING – NOTICE – TIME FOR 4 9 APPRAISEMENT – NEW PROCEEDINGS. 4 10 1.SuchThe proceedings shall be instituted by a written 4 11 application filed with the chief judge of the judicial 4 12 district of the county in which the land sought to be 4 13 condemned is located.SaidThe application shall set forth: 4 141a. A description of all the property in the county, 4 15 affected or sought to be condemned, by its congressional 4 16 numbers, in tracts not exceeding one-sixteenth of a section, 4 17 or, if the land consists of lots, by the numbers of the lot 4 18 and block, and plat designation. 4 192b. A plat showing the location of the right-of-way or 4 20 other property sought to be condemned with reference to such 4 21 description. 4 223c. The names of all record owners of the different 4 23 tracts of land sought to be condemned, or otherwise affected 4 24 by such proceedings, and of all record holders of liens and 4 25 encumbrances on such lands; also the place of residence of all 4 26 such persons so far as known to the applicant. 4 274d. The purpose for which condemnation is sought. 4 285e. A request for the appointment of a commission to 4 29 appraise the damages. 4 306f. If the damages are to be paid by the state and the 4 31 land to be condemned is within an agricultural area as 4 32 provided in chapter 352, a statement disclosing whether any of 4 33 that land is classified as class I or class II land under the 4 34 United States department of agriculture natural resources 4 35 conservation service land capability classification system 5 1 contained in the agriculture handbook number 210, 1961 edition 5 2 and, if so classified, stating that the class I or class II 5 3 land is reasonably necessary for the work of internal 5 4 improvement for which condemnation is sought. 5 5 g. A showing of the minimum amount of land necessary to 5 6 achieve the public purpose and the amount of land to be 5 7 acquired by condemnation for the public improvement. Any land 5 8 to be acquired by condemnation beyond the necessary minimum to 5 9 complete the project shall be presumed not to be necessary for 5 10 a public use or public purpose unless the applicant can show 5 11 that a substantial need exists for the additional property to 5 12 achieve the public use or public purpose, or that the land in 5 13 question is of little or no value or utility to the owner, or 5 14 that the owner consents to the condemnation. 5 15 h. A statement indicating the efforts made by the 5 16 applicant to negotiate in good faith with the owner to acquire 5 17 the private property sought to be condemned. 5 18 2. The applicant shall mail a copy of the application by 5 19 certified mail to the owner at the owner's last known address 5 20 and to any mortgagee of record at the mortgagee's last known 5 21 address and to any other record lienholder or encumbrancer of 5 22 the land at the lienholder's or encumbrancer's last known 5 23 address. If service of notice by certified mail cannot be 5 24 made in the manner prescribed in this section, the applicant 5 25 shall cause a notice to be published once in a newspaper of 5 26 general circulation in the county. If service of notice is 5 27 made by publication, an affidavit shall be filed with the 5 28 county recorder along with the application. The affidavit 5 29 shall state the reason why service of notice by certified mail 5 30 could not be made, the name of the publication, and the date 5 31 of the publication. Service of notice by publication shall be 5 32 deemed complete on the day of publication. 5 3373. The applicant shall promptly certify that its 5 34 application for condemnation has been approved by the chief 5 35 judge and shall file the original approved application with 6 1 the county recorder in the manner required under section 6 2 6B.37. The county recorder shall file and index the 6 3 application in the record of deeds and preserve the 6 4 application as required by sections 6B.38 and 558.55. The 6 5 filing and indexing constitute constructive notice to all 6 6 parties that a proceeding to condemn the property is pending 6 7 and that the applicant has the right to acquire the property 6 8 from all owners, lienholders, and encumbrancers whose 6 9 interests are of record at the time of the filing. When 6 10 indexed, the proceeding is considered pending so as to charge 6 11 all persons not having an interest in the property with notice 6 12 of its pendency, and while pending no interest can be acquired 6 13 by the third parties in the property against the rights of the 6 14 applicant. If the appraisement of damages is not made within 6 15 one hundred twenty days, the proceedings instituted under this 6 16 section are terminated and all rights and interests of the 6 17 applicant arising out of the application for condemnation 6 18 terminate. The applicant may reinstitute a new condemnation 6 19 proceeding at any time. The reinstituted proceedings are 6 20 entirely new proceedings and not a revival of the terminated 6 21 proceeding. 6 22 Sec. 5. Section 6B.4, unnumbered paragraph 2, Code 1999, 6 23 is amended to read as follows: 6 24 The chief judge of the judicial district shall select by 6 25 lot six persons from the list, two persons who are owner- 6 26 operators of agricultural property when the property to be 6 27 condemned is agricultural property; two persons who are owners 6 28 of city property when the property to be condemned is other 6 29 than agricultural property; and two persons from each of the 6 30 remaining two representative groups, who shall constitute a 6 31 compensation commission to assess the damages to all property 6 32 to be taken by the applicant and located in the county, and 6 33 shall name a chairperson from the persons selected.NoA 6 34 person shall not be selected as a member of the compensation 6 35 commissionselected shall possessif the person possesses any 7 1 interest in the proceeding which would causesuchthe person 7 2 to render a biased decision. The clerk of the district court 7 3 shall send, by regular mail, a list of those persons selected 7 4 to the applicant and to the owner of the property at the 7 5 owner's last known address. The list shall be provided prior 7 6 to the mailing, by any party, of a notice of assessment under 7 7 section 6B.8. If the clerk of the district court is unable to 7 8 locate an address for the owner of the property, the list 7 9 shall be published once in a newspaper of general circulation 7 10 in the county. The applicant shall reimburse the clerk of the 7 11 district court for the cost of mailing and publication. 7 12 Sec. 6. Section 6B.4, Code 1999, is amended by adding the 7 13 following new unnumbered paragraph: 7 14 NEW UNNUMBERED PARAGRAPH. A compensation commission 7 15 appointed pursuant to this section is a governmental body as 7 16 defined in section 21.2 and its meetings shall be conducted in 7 17 compliance with chapter 21. Notice published by the sheriff 7 18 pursuant to section 6B.11 shall constitute public notice of 7 19 the meeting pursuant to section 21.4. 7 20 Sec. 7. Section 6B.7, Code 1999, is amended to read as 7 21 follows: 7 22 6B.7 COMMISSIONERS TO QUALIFY. 7 23 Before proceeding with the assessment all commissioners 7 24 shall qualify by filing with the sheriff a written oath that 7 25 they will to the best of their ability faithfully and 7 26 impartially assesssaiddamages and make a written report to 7 27 the sheriff. The applicant or the owner may challenge one 7 28 commissioner without stating cause. A challenge to the 7 29 appointment of a commissioner must be made to the chief judge 7 30 of the judicial district no less than seventy-two hours before 7 31 the condemnation jury is set to meet. A commissioner shall be 7 32 appointed to fill a vacancy resulting from a challenge no less 7 33 than twenty-four hours before the jury is set to meet. 7 34 Sec. 8. Section 6B.8, Code 1999, is amended to read as 7 35 follows: 8 1 6B.8 NOTICE OF ASSESSMENT. 8 2 The applicant, or the owner or any lienholder or 8 3 encumbrancer of any land described in the application, may, at 8 4 any time after the appointment of the commissioners, have the 8 5 damages to the lands of any such owner assessed by giving the 8 6 other party, if a resident of this state,tenthirty days' 8 7 notice, in writing.SuchThe notice shall specify the day and 8 8 the hour when the commissioners will view the premises, and 8 9 shall be personally served in the same manner as original 8 10 notices. 8 11 Service of the notice to a person not a resident of this 8 12 state shall be by certified mail to the person's last known 8 13 address. At the same time, the applicant shall cause a notice 8 14 to be published once in a newspaper of general circulation in 8 15 the county prior to the day fixed for the appraisement, which 8 16 day shall be at least thirty days after publication. Service 8 17 of notice in this manner shall be deemed complete on the day 8 18 of publication. 8 19 Sec. 9. Section 6B.11, Code 1999, is amended to read as 8 20 follows: 8 21 6B.11 FILING OF NOTICES AND RETURN OF SERVICE. 8 22 Notices, immediately after the service thereof, shall, with 8 23 proper return of service endorsed thereon or attached thereto, 8 24 be filed with the sheriff. The sheriff shall at once cause 8 25 the commissioners to be notified of the day and hour when they 8 26 will be required to proceed with the appraisement. The notice 8 27 to the commissioners shall also be published by the sheriff 8 28 pursuant to section 331.305. 8 29 Sec. 10. Section 6B.12, Code 1999, is amended to read as 8 30 follows: 8 31 6B.12 NOTICETO NONRESIDENTSWHEN RESIDENCE UNKNOWN. 8 32If the owner of such lands or any person interested therein8 33is a nonresident of this state, or ifIf the person's 8 34 residence is unknown after a good faith effort is made to find 8 35 the person's last known address,no demand for the land for9 1the purposes sought shall be necessary, butthe notice 9 2aforesaidrequired in section 6B.8 shall be published insome9 3 a newspaper of general circulation in the countyand of9 4general circulation therein, once each week for at least four 9 5 successive weeks prior to the day fixed for the appraisement, 9 6 which day shall be at least thirty days after the first 9 7 publication of the notice. 9 8 Sec. 11. Section 6B.14, unnumbered paragraph 3, Code 1999, 9 9 is amended to read as follows: 9 10In addition to all other damages provided by law, except9 11moving expenses paid or required to be paid under relocation9 12assistance programs, anAn owner or tenant occupying land 9 13 which is proposed to be acquired by condemnation shall be 9 14 awarded a sum sufficient to remove such owner's or tenant's 9 15 personal property from the land to be acquired, which sum 9 16 shall represent reasonable costs of movingsaidthe personal 9 17 property from thesaidland to be acquired to a point no 9 18 greater thantwenty-fivefifty milestherefrom; but in any 9 19 event,saiddamages awarded under this section for moving 9 20 shall not exceed fivehundredthousand dollars for each owner 9 21 or tenant occupying landsoproposed to be condemned. An 9 22 owner or tenant may apply for an award pursuant to this 9 23 section only if all other damages provided by law have been 9 24 awarded and such amount awarded is insufficient to pay the 9 25 owner's reasonable costs of moving. 9 26 Sec. 12. Section 6B.26, Code 1999, is amended to read as 9 27 follows: 9 28 6B.26 DISPOSSESSION OF OWNER. 9 29 A landowner shall not be dispossessed, under condemnation 9 30 proceedings, of the landowner's residence, dwelling house, 9 31outhouseoutbuildings if the residence or dwelling house is 9 32 also acquired, orchard, or garden, until the damages thereto 9 33 have been finally determined and paid. However, if the 9 34 property described in this section is condemned for highway 9 35 purposes by the state department of transportation, the 10 1 condemning authority may take possession of the property 10 2 either after the damages have been finally determined and paid 10 3 or one hundred eighty days after the compensation commission 10 4 has determined and filed its award, in which event all of the 10 5 appraisement of damages shall be paid to the property owner 10 6 before the dispossession can take place. This section shall 10 7 not apply to condemnation proceedings for drainage or levee 10 8 improvements, or for public school purposes. For the purposes 10 9 of this section, "outbuildings" means structures and 10 10 improvements located in proximity to the landowner's 10 11 residence. 10 12 Sec. 13. Section 6B.33, Code 1999, is amended to read as 10 13 follows: 10 14 6B.33 COSTS AND ATTORNEY FEES. 10 15 The applicant shall pay all costs of the assessment made by 10 16 the commissioners and reasonable attorney fees and costs 10 17 incurred by the condemnee as determined by the commissioners 10 18 if the award of the commissioners exceeds one hundred ten 10 19 percent of the final offer of the applicant prior to 10 20 condemnation. The applicant shall file with the sheriff an 10 21 affidavit setting forth the most recent offer made to the 10 22 person whose property is sought to be condemned. Members of 10 23 such commissions shall receive a per diem of fifty dollars and 10 24 actual and necessary expenses incurred in the performance of 10 25 their official duties. The applicant shall reimburse the 10 26 county sheriff for the per diem and expense amounts paid by 10 27 the sheriff to the members. The applicant shall reimburse the 10 28 owner for the expenses the owner incurred for recording fees, 10 29 penalty costs for full or partial prepayment of any 10 30 preexisting recorded mortgage entered into in good faith 10 31 encumbering the property, and for similar expenses incidental 10 32 to conveying the property to the applicant. The applicant 10 33 shall also pay all costs occasioned by the appeal, including 10 34 reasonable attorney fees to be taxed by the court, unless on 10 35 the trial thereof the same or a less amount of damages is 11 1 awarded than was allowed by the tribunal from which the appeal 11 2 was taken. 11 3 Sec. 14. Section 6B.42, Code 1999, is amended to read as 11 4 follows: 11 5 6B.42 EMINENT DOMAIN – PAYMENT TO DISPLACED PERSONS. 11 6 1. a. The acquiring agency shall provide to the person, 11 7 in addition to any other sums of money in payment of just 11 8 compensation, the payments and assistance required by law, in 11 9 accordance with chapter 316. 11 10 b. A person aggrieved by a determination made as to 11 11 eligibility for relocation assistance, a payment, or the 11 12 amount of the payment, upon application, may have the matter 11 13 reviewed by the appropriate acquiring agency. 11 14 c. An acquiring agency subject to this section that 11 15 proposes to displace a person shall inform the person of the 11 16 person's right to receive relocation assistance and payments, 11 17 and of an aggrieved person's right to appeal a determination 11 18 as to assistance and payments. 11 191.2. a. A utility or railroad subject to section 327C.2, 11 20 or chapters 476, 478, 479,and479A, and 479B, authorized by 11 21 law to acquire property by condemnation, which acquires the 11 22 property of a person or displaces a person for a program or 11 23 project which has received or will receive federal financial 11 24 assistance as defined in section 316.1, shall provide to the 11 25 person, in addition to any other sums of money in payment of 11 26 just compensation, the payments and assistance required by 11 27 law, in accordance with chapter 316. 11 282.b. A person aggrieved by a determination made by a 11 29 utility as to eligibility for relocation assistance, a 11 30 payment, or the amount of the payment, upon application, may 11 31 have the matter reviewed by the utilities division of the 11 32 department of commerce. 11 333.c. A person aggrieved by a determination made by a 11 34 railroad as to eligibility for relocation assistance, a 11 35 payment, or the amount of the payment, upon application, may 12 1 have the matter reviewed by the state department of 12 2 transportation. 12 34.d. A utility or railroad subject to this section that 12 4 proposes to displace a person shall inform the person of the 12 5 person's right to receive relocation assistance and payments, 12 6 and of an aggrieved person's right to appeal to the utilities 12 7 division of the department of commerce or the state department 12 8 of transportation. 12 9 Sec. 15. Section 6B.45, Code 1999, is amended to read as 12 10 follows: 12 11 6B.45CONDEMNATION FOR ROAD OR STREET –MAILING COPY OF 12 12 APPRAISAL. 12 13 When any real property or interestthereinin real property 12 14 is to be purchased, or in lieu thereof to be condemnedfor12 15highway, street or road purposes, thepurchasing state12 16 acquiring agency, county or cityortheirits agent shall 12 17 submit to the person, corporation, or entity whose property or 12 18 interestthereinin the property is to be taken, by ordinary 12 19 mail, at least ten days prior to the date of contact, a copy 12 20 of the appraisal in its entirety upon such real property or 12 21 interestthereinin such real property prepared for the 12 22 acquiring agency or its agent, which shall include, atleasta 12 23 minimum, an itemization of the appraised value of the real 12 24 property or interestthereinin the property, any buildings 12 25thereonon the property, all other improvements including 12 26 fences, severance damages, and loss of access. The appraisal 12 27 sent to the condemnee shall be that appraisal upon which the 12 28 condemnor will rely to establish an amount which the condemnor 12 29 believes to be just compensation for the real property. All 12 30 other appraisals made on the property as a result of the 12 31 condemnation proceeding shall be made available to the 12 32 condemnee upon request. In lieu of an appraisal, a utility or 12 33 person under the jurisdiction of the utilities board of the 12 34 department of commerce, or any other utility conferred the 12 35 right by statute to condemn private property, shall provide in 13 1 writing by certified mail to the owner of record thirty days 13 2 prior to negotiations, the methods and factors used in 13 3 arriving at an offered price for voluntary easements including 13 4 the range of cash amount of each component. 13 5 Sec. 16. Section 6B.54, unnumbered paragraph 1, Code 1999, 13 6 is amended to read as follows: 13 7If aFor any project or displacing activity that has 13 8 received or will receive federal financial assistance as 13 9 defined in section 316.1, for any state-funded projects, or 13 10 for any other public improvement for which condemnation is 13 11 sought, an acquiring agency shallbe guided by, at a minimum, 13 12 satisfy the following policies: 13 13 Sec. 17. Section 6B.54, subsections 2, 3, 8, and 9, Code 13 14 1999, are amended to read as follows: 13 15 2. Real property shall be appraised as required by section 13 16 6B.45 before the initiation of negotiations, and the owner or 13 17 the owner's designated representative shall be given an 13 18 opportunity to accompany at least one appraiser of the 13 19 acquiring agency during an inspection of the property, except 13 20 thatthe state department of transportationan acquiring 13 21 agency may prescribe a procedure to waive the appraisal in 13 22 cases involving the acquisition of property with a low fair 13 23 market value. In lieu of an appraisal, a utility or person 13 24 under the jurisdiction of the utilities board of the 13 25 department of commerce, or any other utility conferred the 13 26 right by statute to condemn private property, shall provide in 13 27 writing by certified mail to the owner of record thirty days 13 28 before negotiations, the methods and factors used in arriving 13 29 at an offered price for voluntary easements including the 13 30 range of cash amount of each component. 13 31 3. Before the initiation of negotiations for real 13 32 property, the acquiring agency shall establish an amount which 13 33 it believes to be just compensation for the real property, and 13 34 shall make a prompt offer to acquire the property for the full 13 35 amount established by the agency. In no event shall the 14 1 amount be less than theagency's approvedlowest appraisal of 14 2 the fair market value of the property. In the case of a 14 3 utility or person under the jurisdiction of the utilities 14 4 board of the department of commerce, or any other utility 14 5 conferred the right by statute to condemn private property, 14 6 the amount shall not be less than the amount indicated by the 14 7 methods and factors used in arriving at an offered price for a 14 8 voluntary easement. 14 9 8. If the acquisition of only a portion of property would 14 10 leave the owner with an uneconomical remnant, thehead of the14 11 acquiring agencyconcernedshall offer to acquire that 14 12 remnant. For the purposes of this chapter, an "uneconomical 14 13 remnant" is a parcel of real property in which the owner is 14 14 left with an interest after the partial acquisition of the 14 15 owner's property, where thehead of theacquiring agency 14 16concerneddetermines that the parcel has little or no value or 14 17 utility to the owner. 14 18 9. A person whose real property is being acquired in 14 19 accordance with this chapter, after the person has been fully 14 20 informed of the person's right to receive just compensation 14 21 for the property, may donate the property, any part of the 14 22 property, any interest in the property, or any compensation 14 23 paid for itto any agencyas the person may determine. 14 24 Sec. 18. Section 6B.55, unnumbered paragraph 1, Code 1999, 14 25 is amended to read as follows: 14 26If aFor any program or project that has received or will 14 27 receive federal financial assistance as defined in section 14 28 316.1, for any state-funded projects, or for any other public 14 29 improvement for which condemnation is sought, an acquiring 14 30 agency shallbe guided byat a minimum satisfy the following 14 31 policies: 14 32 Sec. 19. NEW SECTION. 6B.57 PROCEDURAL COMPLIANCE. 14 33 If a city makes a good faith effort to serve, send, or 14 34 provide the notices or documents required under this chapter 14 35 to the owner of private property that is or may be the subject 15 1 of condemnation, but fails to provide the notice or documents 15 2 to the owner, such failure shall not constitute grounds for 15 3 invalidation of the condemnation proceeding if the chief judge 15 4 of the judicial district determines that such failure can be 15 5 corrected by delaying the condemnation proceedings to allow 15 6 compliance with the requirement and such failure does not 15 7 unreasonably prejudice the owner. 15 8 Sec. 20. NEW SECTION. 6B.58 ACQUIRING AGENCY – 15 9 DEFINITION. 15 10 For purposes of this chapter, an "acquiring agency" means 15 11 the state of Iowa or any person or entity conferred the right 15 12 by statute to condemn private property or to otherwise 15 13 exercise the power of eminent domain. 15 14 Sec. 21. Section 15.104, Code 1999, is amended by adding 15 15 the following new subsection: 15 16 NEW SUBSECTION. 9. Review all applications submitted by 15 17 cities requesting approval for the city to exercise eminent 15 18 domain authority over agricultural land and determine whether 15 19 the use of such authority is necessary for the placement of an 15 20 industrial enterprise in the community. The application may 15 21 only include land located for at least three years within the 15 22 incorporated boundaries of the city. 15 23 Approval of an application by a city to exercise the right 15 24 of eminent domain to acquire agricultural land for an 15 25 industrial enterprise may be granted for a specific land area 15 26 upon a finding of public necessity. When making a 15 27 determination of public necessity, the board shall consider 15 28 all of the following: 15 29 a. The feasibility of acquiring the agricultural land by 15 30 methods other than condemnation. 15 31 b. The public cost and public benefit from locating the 15 32 industrial enterprise on the agricultural land. 15 33 c. The existence of willing sellers at other feasible 15 34 locations in the state. 15 35 d. The ability to adapt the industrial development plans 16 1 to avoid the use of condemnation. 16 2 e. The existence of a specific industrial enterprise to be 16 3 located on the agricultural land. 16 4 f. The amount of land requested to be condemned compared 16 5 to the total amount of land needed for the project. 16 6 If a city acquires property by condemnation, or by 16 7 otherwise exercising the power of eminent domain, and that 16 8 property is later sold by the city for more than the 16 9 acquisition price paid to the landowner, the city shall pay to 16 10 the landowner the difference between the price at which it was 16 11 acquired and the price at which it was sold by the city less 16 12 the cost of any improvements made to the land by the city. 16 13 Sec. 22. Section 306.19, subsection 3, Code 1999, is 16 14 amended to read as follows: 16 15 3. None of the foregoing requirements shall prohibit the 16 16 property owner and the agency from entering into a mutually 16 17 acceptable agreement for the replacement, relocation, 16 18 construction, or maintenance of any alternate driveway on the 16 19 owner's property. Compensation for any property rights taken 16 20 in the establishment of any alternative temporary or permanent 16 21 access shall be paid as in any other purchase or condemnation 16 22 of property. 16 23 Sec. 23. Section 306.19, subsection 4, Code 1999, is 16 24 amended to read as follows: 16 25 4.Compensation for any property rights taken in the16 26establishment of any alternative temporary or permanent access16 27shall be paid as in any other purchase or condemnation of16 28property.Proceedings for the condemnation of land for any 16 29 highway shall be under the provisions of chapter 6A and 16 30 chapter 6B. Provided that, in the condemnation of right-of- 16 31 way for secondary roads that is contiguous to existing road 16 32 right-of-way for the maintenance, safety improvement, or 16 33 upgrade of the existing secondary road, the board of 16 34 supervisors may proceed as provided in sections 306.28 to 16 35 306.37. 17 1 Sec. 24. Section 306.27, Code 1999, is amended to read as 17 2 follows: 17 3 306.27 CHANGES FOR SAFETY, ECONOMY, AND UTILITY. 17 4 The state department of transportation as to primary roads 17 5 and the boards of supervisors as to secondary roads on their 17 6 own motion may change the course of any part of any road or 17 7 stream, watercourse, or dry run and may pond water in order to 17 8 avoid the construction and maintenance of bridges, or to avoid 17 9 grades, or railroad crossings, or to straighten a road, or to 17 10 cut off dangerous corners, turns or intersections on the 17 11 highway, or to widen a road above statutory width, or for the 17 12 purpose of preventing the encroachment of a stream, 17 13 watercourse, or dry run upon the highway. The department and 17 14 the board of supervisors shall conductitstheir proceedings 17 15 in the manner and form prescribed in chapter 6B,andexcept 17 16 that the board of supervisorsshallmay use the form 17 17 prescribed in sections 306.28 to 306.37or as provided in17 18chapter 6Bfor the condemnation of right of way that is 17 19 contiguous to existing road right of way and necessary for the 17 20 maintenance, safety improvement, or upgrade of the existing 17 21 secondary road. Changes are subject to chapter 455B. 17 22 Sec. 25. Section 306.28, Code 1999, is amended by striking 17 23 the section and inserting in lieu thereof the following: 17 24 306.28 APPRAISERS. 17 25 If the board is unable, by agreement with the owner, to 17 26 acquire the necessary right of way to effect such change, a 17 27 compensation commission shall be selected pursuant to section 17 28 6B.4, to appraise the damages consequent on the taking of the 17 29 right of way. 17 30 Sec. 26. Section 306.29, unnumbered paragraph 2, Code 17 31 1999, is amended to read as follows: 17 32 To whom it may concern: Notice is given that the board of 17 33 supervisors of ........ county, Iowa, propose to condemn for 17 34 road purposes the following described real estate in said 17 35 county: (Here describe the right of way, and the tract or 18 1 tracts from which such right of way will be taken.) The 18 2 damages caused by said condemnation will be assessed bythree18 3appraisersa compensation commission appointed as provided by 18 4 law for the purpose of appraising the damages.Notice is18 5hereby given that the owner or owners of said real estate may,18 6on or before the .. day of ...., appoint one of said18 7appraisers and that in case such right be not exercised, or if18 8exercised and the said appointee fails to appear and qualify,18 9the said three appraisers will be otherwise appointed as18 10provided by law.All parties interested are further notified 18 11 thatsaid three appraisersthe compensation commission will, 18 12 when duly appointed, proceed to appraisesaidthe damages, 18 13 will reportsaidthe appraisement to thesaidboard of 18 14 supervisors and thatsaid latterthe board will pass thereon 18 15 as provided by law, and that at all such times and places you 18 16 may be presentif you be so minded. You are further notified 18 17 that atsaidthe hearing before thesaidsupervisors you may 18 18 file objections to the use ofsaidthe land for road purposes 18 19 and that all such objections not so made will be deemed 18 20 waived. 18 21 .................... 18 22 County Auditor. 18 23 Sec. 27. Section 306.31, Code 1999, is amended to read as 18 24 follows: 18 25 306.31QUALIFICATION ANDASSESSMENT. 18 26Upon the appointment of three appraisers, the county18 27auditor shall cause them to appear before the auditor and to18 28take oath that they will faithfully and impartially assess the18 29damages claimed. SaidThe appraisers shall forthwith proceed 18 30 to the assessment ofsaiddamages and shall make written 18 31 reportthereofof the damages to the board of supervisors. 18 32 Sec. 28. Section 316.1, subsection 5, paragraphs a and b, 18 33 Code 1999, are amended to read as follows: 18 34 a. A person who moves from real property or moves the 18 35 person's personal property from real property ineitherany of 19 1 the following circumstances: 19 2 (1) As a direct result of a written notice of intent to 19 3 acquire, the initiation of negotiations for, or the 19 4 acquisition of, the real property in whole or in part for a 19 5 program or project undertaken with federal financial 19 6 assistance. 19 7 (2) The person moved or moved the person's personal 19 8 property from real property on which the person is either a 19 9 residential tenant or conducts a small business, a farm 19 10 operation, or a business as defined in subsection 2, paragraph 19 11 "d", as a direct result of rehabilitation or demolition for a 19 12 program or project undertaken with federal financial 19 13 assistance in a case in which the head of the displacing 19 14 agency determines that the displacement is permanent. 19 15 (3) As a direct result of a written notice of intent to 19 16 acquire by condemnation, the initiation of negotiations for, 19 17 or the acquisition of, the real property in whole or in part 19 18 by the state of Iowa or by an entity or person conferred the 19 19 right to condemn private property. 19 20 b. For purposes of section 316.4, subsections 1 and 2, and 19 21 section 316.7, a person who moves from real property, or moves 19 22 the person's personal property from real property ineither19 23 any of the following circumstances: 19 24 (1) As a direct result of a written notice of intent to 19 25 acquire, the initiation of negotiations for, or the 19 26 acquisition of, other real property in whole or in part if the 19 27 person conducts a business or farm operation on the other real 19 28 property for a program or project undertaken with federal 19 29 financial assistance. 19 30 (2) As a direct result of rehabilitation or demolition of 19 31 other real property on which the person conducts a business or 19 32 a farm operation for a program or project undertaken with 19 33 federal financial assistance in a case in which the head of 19 34 the displacing agency determines that the displacement is 19 35 permanent. 20 1 (3) As a direct result of a written notice of intent to 20 2 acquire by condemnation, the initiation of negotiations for, 20 3 or the acquisition of, other real property in whole or in part 20 4 by the state of Iowa or by an entity or person conferred the 20 5 right to condemn private property if the person conducts a 20 6 business or farm operation on the other real property. 20 7 Sec. 29. Section 331.304, subsection 8, Code 1999, is 20 8 amended to read as follows: 20 9 8. The power to take private property for public use shall 20 10 only be exercised by counties for public purposes which are 20 11 reasonable and necessary as an incident to the powers and 20 12 duties conferred upon counties, and in accordance with 20 13 chapters 6A and 6B.SectionsSection 306.19and 306.28 to20 14306.37 areis also applicable to condemnation of right of way 20 15 for secondary roads. Sections 306.27 through 306.37 are 20 16 applicable to the condemnation of right of way that is 20 17 contiguous to existing road right of way and necessary for the 20 18 maintenance, safety improvement, or upgrade of the existing 20 19 secondary road. 20 20 Sec. 30. Section 403.5, subsection 4, Code 1999, is 20 21 amended by adding the following new unnumbered paragraph: 20 22 NEW UNNUMBERED PARAGRAPH. A municipality shall not condemn 20 23 agricultural land included within an economic development area 20 24 unless the owner of the agricultural land consents to 20 25 condemnation or unless the economic development board approves 20 26 the use of condemnation under section 15.104, subsection 9, 20 27 for the purposes of locating an industrial enterprise. This 20 28 paragraph shall not apply to land necessary or useful for the 20 29 operation of a city utility as defined in section 362.2, for 20 30 the operation of a city franchise conferred the authority to 20 31 condemn private property under section 364.2, or a combined 20 32 utility system as defined in section 384.80. 20 33 Sec. 31. Section 403.7, unnumbered paragraph 1, Code 1999, 20 34 is amended to read as follows: 20 35 A municipality shall have the right to acquire by 21 1 condemnation any interest in real property, including a fee 21 2 simple title thereto, which it may deem necessary for or in 21 3 connection with an urban renewal project under this chapter. 21 4 However, a municipality shall not condemn agricultural land 21 5 included within an economic development area unless the owner 21 6 of the agricultural land consents to condemnation or unless 21 7 the economic development board approves the use of 21 8 condemnation under section 15.104, subsection 9, for the 21 9 purposes of locating an industrial enterprise. A municipality 21 10 may exercise the power of eminent domain in the manner 21 11 provided in chapter 6B, and Acts amendatory to that chapter or 21 12 supplementary to that chapter, or it may exercise the power of 21 13 eminent domain in the manner now or which may be hereafter 21 14 provided by any other statutory provisions for the exercise of 21 15 the power of eminent domain. Property already devoted to a 21 16 public use may be acquired in like manner. However, real 21 17 property belonging to the state, or any political subdivision 21 18 of this state, shall not be acquired without its consent, and 21 19 real property or any right or interest in the property owned 21 20 by any public utility company, pipeline company, railway or 21 21 transportation company vested with the right of eminent domain 21 22 under the laws of this state, shall not be acquired without 21 23 the consent of the company, or without first securing, after 21 24 due notice to the company and after hearing, a certificate 21 25 authorizing condemnation of the property from the board, 21 26 commission or body having the authority to grant a certificate 21 27 authorizing condemnation. In a condemnation proceeding, if a 21 28 municipality proposes to take a part of a lot or parcel of 21 29 real property, the municipality shall also take the remaining 21 30 part of the lot or parcel if requested by the owner. 21 31 Sec. 32. Section 403.17, Code 1999, is amended by adding 21 32 the following new subsection: 21 33 NEW SUBSECTION. 2A. "Agricultural land" means real 21 34 property that is used for the production of agricultural 21 35 commodities and from which one thousand dollars or more of 22 1 agricultural commodities were sold or normally would be sold 22 2 during the year. Such use of property includes, but is not 22 3 limited to, the raising, harvesting, handling, drying, or 22 4 storage of crops used for feed, food, seed, or fiber; the care 22 5 or feeding of livestock; the handling or transportation of 22 6 crops or livestock; the storage, treatment, or disposal of 22 7 livestock manure; and the application of fertilizers, soil 22 8 conditioners, pesticides, and herbicides on crops. 22 9 Agricultural land includes land on which is located farm 22 10 residences or outbuildings used for agricultural purposes and 22 11 land on which is located facilities, structures, or equipment 22 12 for agricultural purposes. Agricultural land includes land 22 13 taken out of agricultural production for purposes of 22 14 environmental protection or preservation. 22 15 Sec. 33. Section 403.17, subsection 9, Code 1999, is 22 16 amended to read as follows: 22 17 9. "Economic development area" means an area of a 22 18 municipality designated by the local governing body as 22 19 appropriate for commercial and industrial enterprises, public 22 20 improvements related to housing and residential development, 22 21 or construction of housing and residential development for low 22 22 and moderate income families, including single or multifamily 22 23 housing. If an urban renewal plan for an urban renewal area 22 24 is based upon a finding that the area is an economic 22 25 development area and that no part contains slum or blighted 22 26 conditions, then the division of revenue provided in section 22 27 403.19 and stated in the plan shall be limited to twenty years 22 28 from the calendar year following the calendar year in which 22 29 the city first certifies to the county auditor the amount of 22 30 any loans, advances, indebtedness, or bonds which qualify for 22 31 payment from the division of revenue provided in section 22 32 403.19. Such designated area shall not include agricultural 22 33 land, including land which is part of a century farm, unless 22 34 the owner of the agricultural land or century farm agrees to 22 35 include the agricultural land or century farm in the urban 23 1 renewal area. For the purposes of this subsection, "century 23 2 farm" means a farm in which at least forty acres of such farm 23 3 have been held in continuous ownership by the same family for 23 4 one hundred years or more. 23 5 Sec. 34. APPLICABILITY. Sections 1, 30, 31, and 32 of 23 6 this Act, enacting section 6A.21, amending sections 403.5 and 23 7 403.7, and enacting section 403.17, subsection 2A, apply to 23 8 urban renewal areas established before, on, or after the 23 9 effective date of this Act and to amendments to such urban 23 10 renewal areas. 23 11 Section 33 of this Act, amending section 403.17, subsection 23 12 9, applies to urban renewal areas established on or after the 23 13 effective date of this Act. Section 33 of this Act also 23 14 applies to agricultural land included in an urban renewal area 23 15 established before the effective date of this Act if the 23 16 agricultural land is included in the urban renewal area by 23 17 virtue of an amendment to the urban renewal plan, which 23 18 amendment is adopted on or after the effective date of this 23 19 Act. 23 20 Sec. 35. EFFECTIVE DATE. This Act applies to state 23 21 highway construction projects approved for commencement by the 23 22 transportation commission on or after July 1, 1999. This Act 23 23 applies to all other condemnation proceedings in which the 23 24 application for condemnation is filed on or after July 1, 23 25 1999. 23 26 EXPLANATION 23 27 This bill makes several changes to the law relating to the 23 28 power of eminent domain and the procedures by which the state 23 29 of Iowa and other entities and persons are allowed to condemn 23 30 private property. The bill defines "acquiring agency" to mean 23 31 entities or persons conferred the right by law to condemn 23 32 private property. "Acquiring agency" under the bill includes 23 33 counties, cities, owners of land without a way to the land, 23 34 owners of mineral lands, cemetery associations, subdistricts 23 35 of soil and water conservation districts, and utilities. 24 1 The bill defines "public use", "public purpose", or "public 24 2 improvement" to exclude the condemnation of agricultural land 24 3 without the consent of the owner. The bill defines 24 4 "agricultural land" as real property used for production of 24 5 certain agricultural commodities and from which $1,000 or more 24 6 of commodities were sold in a year. The bill defines "private 24 7 development purposes" as the construction of, or improvement 24 8 related to, recreational trails, recreational development paid 24 9 for primarily with private funds, housing and residential 24 10 development, or commercial or industrial enterprise 24 11 development. 24 12 The bill requires a condemning authority to send a notice 24 13 of a proposed public improvement to the owner of property for 24 14 which condemnation is being considered for the public 24 15 improvement. The notice must be mailed by ordinary mail no 24 16 less than 30 days before adoption of the declaration of intent 24 17 relating to the public improvement and the acquisition or 24 18 condemnation of the property. The notice, at a minimum, 24 19 should include information on the general nature of the public 24 20 improvement, the intended use of the property, the process 24 21 relating to the public improvement, and opportunity for public 24 22 input relating to the public improvement if the law requires 24 23 public input. 24 24 The bill requires a condemning authority to make a good 24 25 faith effort to negotiate with the owner to purchase the 24 26 private property before filing an application for 24 27 condemnation. The condemning authority is required to provide 24 28 the owner of the property with a statement of rights. The 24 29 statement is to be included with the notice of proposed public 24 30 improvement. The bill provides that condemnation may not 24 31 proceed until the notice of proposed public improvement 24 32 containing the statement of individual rights is provided to 24 33 the owner. 24 34 The bill requires a condemning authority to mail a copy of 24 35 the condemnation application filed with the district court to 25 1 the owner of the property. The bill also requires that the 25 2 condemnation application provide information on the minimum 25 3 amount of land necessary for the public improvement and the 25 4 amount of land to be acquired by condemnation. The 25 5 condemnation application must also include a statement of the 25 6 efforts made by the condemning authority to negotiate with the 25 7 owner for the sale of the property prior to filing the 25 8 application. 25 9 The bill requires that a list of the persons selected to 25 10 serve on the compensation commission for condemnation 25 11 proceedings be provided to the condemnation applicant and to 25 12 the owner of the property. The bill allows the applicant and 25 13 the owner to each dismiss one commissioner without stating 25 14 cause. 25 15 The bill provides that a compensation commission 25 16 established to determine damages is a governmental body and 25 17 subject to the public open meeting laws pursuant to Code 25 18 chapter 21. The bill also provides that the notice of the 25 19 date and time of an appraisal or assessment given by the 25 20 sheriff to the compensation commissioners shall be published 25 21 by the sheriff to serve public notice of the meeting of the 25 22 commission. 25 23 The bill increases from 10 days to 30 days the amount of 25 24 notice given of an assessment of the property. The bill 25 25 provides that service of notice of assessment shall be mailed 25 26 by certified mail to applicants or owners or persons in 25 27 interest, any of whom are not residents of the state. The 25 28 bill also requires that the notice to nonresidents be 25 29 published once 30 days before the assessment. 25 30 The bill increases the amount to be paid in moving expenses 25 31 from $500 to $5,000 for an owner or tenant occupying land that 25 32 has been condemned. The bill also increases that distance 25 33 that personal property is moved for which moving expenses are 25 34 paid from 25 miles to 50 miles. 25 35 The bill adds outbuildings to the list of property from 26 1 which a landowner may not be dispossessed by condemnation 26 2 without determination and payment of damages. Outbuildings 26 3 are defined as structures and improvements located in 26 4 proximity to the owner's residence. 26 5 Current law requires the applicant to pay the expenses of 26 6 the compensation commission and of the landowner if the award 26 7 of the commission is 110 percent or more of the final offer of 26 8 the applicant prior to condemnation. The bill provides that 26 9 the condemnation applicant shall reimburse the county sheriff 26 10 for the per diem and actual expenses paid to members of the 26 11 compensation commission. The bill specifies that the 26 12 applicant shall reimburse the owner of the property for 26 13 expenses incurred for recording fees, mortgage penalty costs, 26 14 and similar expenses incidental to the transfer of the 26 15 property to the applicant. 26 16 The bill provides that relocation expenses for 26 17 condemnations by the state of Iowa or other entity or person 26 18 having the right to condemn property shall be determined and 26 19 paid in the same manner as relocation expenses for 26 20 condemnations involving federally funded projects. 26 21 The bill requires that a copy of the appraisal, on which 26 22 the purchasing state agency, county, or city will base its 26 23 offer of compensation, be mailed to the owner of the property. 26 24 The bill makes current acquisition policy guidelines for 26 25 projects receiving federal financial assistance applicable to 26 26 any state funded projects and to any other public improvement 26 27 for which condemnation is sought. 26 28 The bill provides that if a city makes a good faith effort 26 29 to comply with notice provisions, that failure to comply may 26 30 only result in a delay of the condemnation proceeding. 26 31 The bill allows a city to condemn agricultural land for an 26 32 industrial enterprise if the land has been located within city 26 33 boundaries for at least three years and the city has applied 26 34 to, and received approval from, the state economic development 26 35 board. 27 1 The bill amends Code sections providing an alternative 27 2 condemnation procedure for counties and secondary roads. The 27 3 county may use the alternative procedure if the right of way 27 4 to be condemned is contiguous to existing road right of way 27 5 and is necessary for maintenance, safety improvement, or 27 6 upgrade of the existing road. The county is also required to 27 7 use the compensation commission to assess damages. 27 8 The bill provides that a municipality (city or county) 27 9 shall not condemn agricultural land included within an urban 27 10 renewal area designated as an economic development area 27 11 without the consent of the owner of the agricultural land. 27 12 This does not apply to city utilities or city franchises. 27 13 The section of the bill amending the definition of 27 14 "economic development area" for purposes of urban renewal, 27 15 applies to urban renewal areas established on or after the 27 16 effective date of the bill. However, the amendment applies to 27 17 urban renewal areas established before the effective date if 27 18 they were amended to add agricultural land to the economic 27 19 development urban renewal area on or after the effective date 27 20 of the bill. The remaining sections of the bill which amend 27 21 or reference Code chapter 403 apply to urban renewal areas 27 22 established before, on, or after the effective date of the 27 23 bill. 27 24 The bill applies to state highway construction projects 27 25 approved on or after July 1, 1999. The bill applies to all 27 26 other condemnation proceedings in which the application for 27 27 condemnation is filed on or after July 1, 1999. 27 28 LSB 2441SV 78 27 29 sc/gg/8.1
Text: SF00350 Text: SF00352 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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