House Journal: Page 1606: Thursday, April 22, 1999

28   which use existing or abandoned railroad rights of

29   way, road and highway rights of way, river valleys,
30   and natural greenbelts.  When reviewing an
31   application, the commission shall consider all of the
32   following:
33     a.  The feasibility of acquiring the agricultural
34   land by methods other than condemnation.
35     b.  The public cost and public benefit of locating
36   the trail where it is most feasible to maintain or
37   enhance public safety.
38     c.  The existence of willing sellers at other
39   locations in the area which locations would provide
40   the same level of public safety.
41     d.  The ability to adapt the trail plans to avoid
42   the use of condemnation.
43     For purposes of this subsection, "acquiring agency"
44   means the same as in section 6B.58.""
45     3.  Page 2, by inserting after line 39 the
46   following:
47     "Sec. ___.  Section 455A.5, Code 1999, is amended
48   by adding the following new subsection:
49     NEW SUBSECTION.  7.  The commission shall review
50   all applications submitted by acquiring agencies
Page 2  
 1   requesting approval for an acquiring agency to
 2   exercise eminent domain authority over agricultural
 3   land for routing the state's portion of the American
 4   discovery trail and determine whether the use of such
 5   authority is necessary for the routing of that portion
 6   of the trail.
 7     The commission shall give preference to
 8   applications for the acquisition for trail routes
 9   which use existing or abandoned railroad rights of
10   way, road and highway rights of way, river valleys,
11   and natural greenbelts.  When reviewing an
12   application, the commission shall consider all of the
13   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
21   provide the same level of public safety.
22     d.  The ability to adapt the trail plans to avoid
23   the use of condemnation.
24     For purposes of this subsection, "acquiring agency"
25   means the same as in section 6B.58."
26     4.  By renumbering as necessary.

© 1999 Cornell College and League of Women Voters of Iowa

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