House Journal: Page 882: Thursday, March 25, 1999

22   recreational trail and determine whether the use of

23   such authority is necessary for the routing of a
24   recreational trail.
25     Approval of an application by an acquiring agency
26   to exercise the right of eminent domain to acquire
27   agricultural land for a recreational trail may be
28   granted for a specific land area upon a finding of
29   public necessity.  When making a determination of
30   public necessity, the commission shall consider all of
31   the following:
32     a.  The feasibility of acquiring the agricultural
33   land by methods other than condemnation.
34     b.  The public cost and public benefit of locating
35   the trail where it is most feasible to maintain or
36   enhance public safety.
37     c.  The existence of willing sellers at other
38   locations in the area which locations would provide
39   the same level of public safety.
40     d.  The ability to adapt the recreational trail
41   plans to avoid the use of condemnation.
42     For purposes of this subsection, "acquiring agency"
43   means the same as in section 6B.58.""
44     3.  Page 3, by inserting after line 4 the
45   following:
46     " ___.  Page 21, by inserting after line 15 the
47   following:
48     "Sec. ___.  Section 455A.5, Code 1999, is amended
49   by adding the following new subsection:
50     NEW SUBSECTION.  7.  The commission shall review
Page 2  
 1   all applications submitted by acquiring agencies
 2   requesting approval for an acquiring agency to
 3   exercise eminent domain authority over agricultural
 4   land for routing a recreational trail and shall
 5   determine whether the use of such authority is
 6   necessary for the routing of a recreational trail.
 7     Approval of an application by an acquiring agency
 8   to exercise the right of eminent domain to acquire
 9   agricultural land for a recreational trail may be
10   granted for a specific land area upon a finding of
11   public necessity.  When making a determination of
12   public necessity, the commission shall consider all of
13   the following:
14     a.  The feasibility of acquiring the agricultural
15   land by methods other than condemnation.
16     b.  The public cost and public benefit of locating
17   the trail where it is most feasible to maintain and
18   enhance public safety.
19     c.  The existence of willing sellers at other
20   feasible locations in the area which locations would

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Mon Mar 29 13:40:03 CST 1999
URL: /DOCS/GA/78GA/Session.1/HJournal/00800/00882.html
jhf