House Journal: Page 840: Wednesday, March 24, 1999

45   the condemnation application was filed.

46     Sec.     .  Section 15.104, Code 1999, is amended by
47   adding the following new subsection:
48     NEW SUBSECTION.  9.  Review all applications
49   submitted by cities requesting approval for the city
50   to exercise eminent domain authority over agricultural
Page 2  
 1   land and determine whether the use of such authority
 2   is necessary for the placement of an industry in the
 3   community.  The application may only include land
 4   located for at least three years within the
 5   incorporated boundaries of the city.
 6     Approval of an application by a city to exercise
 7   the right of eminent domain to acquire agricultural
 8   land for an industry may be granted for a specific
 9   land area upon a finding of public necessity.  When
10   making a determination of public necessity, the board
11   shall consider all of the following:
12     a.  The feasibility of acquiring the agricultural
13   land by methods other than condemnation.
14     b.  The public cost and public benefit from
15   locating the industry on the agricultural land.
16     c.  The existence of willing sellers at other
17   feasible locations in the state.
18     d.  The ability to adapt the industry development
19   plans to avoid the use of condemnation.
20     e.  The existence of a specific industry to be
21   located on the agricultural land.
22     f.  The amount of land requested to be condemned
23   compared to the total amount of land needed for the
24   project.
25     If a city acquires property by condemnation, or by
26   otherwise exercising the power of eminent domain, and
27   that property is later sold by the city for more than
28   the acquisition price paid to the landowner, the city
29   shall pay to the landowner from whom the property was
30   acquired the difference between the price at which it
31   was acquired and the price at which it was sold by the
32   city less the cost of any improvements made to the
33   land by the city.
34     For purposes of this subsection, "industry" means
35   the same as defined in section 260E.2."
36     12.  Page 18, by inserting after line 34, the
37   following:
38     "Sec.     .  Section 331.602, subsection 24, Code
39   1999, is amended to read as follows:
40     24.  Record papers, statements, and certificates
41   relating to the condemnation of property as provided
42   in section 6B.38, and carry out duties related to the
43   filing of certain condemnation documents with the

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