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House Journal: Page 605: Wednesday, March 10, 1999

20   release of the restrictive easement to the landowner.

21   If a holder of the restrictive easement fails to
22   record the release of a restrictive easement at its
23   expiration or for nonperformance, the owner of the
24   servient land may petition the district court for an
25   order removing the restrictive easement.  As used in
26   this subsection, "nonperformance" means the failure to
27   make an annual payment of any compensation within
28   ninety days of the annual due date.
29     Sec. 7. NEW SECTION.  161D.7  PROGRAM
30   COORDINATION.
31     The department of natural resources shall
32   coordinate the bluffland protection program with the
33   program and projects of the loess hills alliance."
34     2.  Title page, line 2, by striking the words
35   "powers and duties" and inserting the following:
36   "responsibilities".
Huser of Polk asked and received unanimous consent to 
withdraw amendment H-1047 and amendment H-1048, to the 
committee amendment H-1044, filed by her on March 3, 1999.
Fallon of Polk offered amendment H?1052, to the committee 
amendment H?1044, filed by him and Witt of Black Hawk as follows:
H-1052
 1     Amend the Committee amendment, H-1044, to House
 2   File 218 as follows:
 3     1.  Page 3, line 7, by striking the word "thirty"
 4   and inserting the following:  "ninety-nine".
 5     2.  Page 3, line 10, by striking the word "shall"
 6   and inserting the following:  "may".
A non-record roll call was requested.
The ayes were 23, nays 40.
Amendment H?1052 lost.
Fallon of Polk asked and received unanimous consent to with-
draw amendment H-1050, to the committee amendment H-1044, 
filed by him on March 4, 1999.
Barry of Harrison moved the adoption of the committee 
amendment H-1044.

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