Text: HF00535 Text: HF00537 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 403.2, subsection 3, Code 2001, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 403.4, subsections 1 and 2, Code 2001, are 1 4 amended to read as follows: 1 5 1. One or more slum,or blightedor economic development1 6 areas exist in the municipality. 1 7 2. The rehabilitation, conservation, redevelopment, 1 8development,or a combination thereof, of the area is 1 9 necessary in the interest of the public health, safety, or 1 10 welfare of the residents of the municipality. 1 11 Sec. 3. Section 403.5, subsection 1, Code 2001, is amended 1 12 to read as follows: 1 13 1. A municipality shall not approve an urban renewal 1 14 project for an urban renewal area unless the governing body 1 15 has, by resolution, determined the area to be a slum area,or 1 16 blighted area,economic development areaor a combination of 1 17 those areas, and designated the area as appropriate for an 1 18 urban renewal project. The local governing body shall not 1 19 approve an urban renewal plan until a general plan for the 1 20 municipality has been prepared. For this purpose and other 1 21 municipal purposes, authority is vested in every municipality 1 22 to prepare, to adopt and to revise from time to time, a 1 23 general plan for the physical development of the municipality 1 24 as a whole, giving due regard to the environs and metropolitan 1 25 surroundings. A municipality shall not acquire real property 1 26 for an urban renewal project unless the local governing body 1 27 has approved the urban renewal project in accordance with 1 28 subsection 4. 1 29 Sec. 4. Section 403.5, subsection 4, paragraph b, 1 30 subparagraph (1), subparagraph subdivision (c), Code 2001, is 1 31 amended by striking the subparagraph subdivision. 1 32 Sec. 5. Section 403.5, subsection 4, paragraph b, 1 33 subparagraph (2), unnumbered paragraph 2, Code 2001, is 1 34 amended to read as follows: 1 35 A municipality shall not condemn agricultural land included 2 1 within aneconomic developmenturban renewal area unless the 2 2 owner of the agricultural land consents to condemnation or 2 3 unless the agricultural land is to be acquired for industry as 2 4 that term is defined in section 260E.2. This paragraph shall 2 5 not apply to land necessary or useful for the operation of a 2 6 city utility as defined in section 362.2, for the operation of 2 7 a city franchise conferred the authority to condemn private 2 8 property under section 364.2, or a combined utility system as 2 9 defined in section 384.80. 2 10 Sec. 6. Section 403.7, Code 2001, is amended to read as 2 11 follows: 2 12 403.7 CONDEMNATION OF PROPERTY. 2 13 A municipality shall have the right to acquire by 2 14 condemnation any interest in real property, including a fee 2 15 simple title thereto, which it may deem necessary for or in 2 16 connection with an urban renewal project under this chapter. 2 17 However, a municipality shall not condemn agricultural land 2 18 included within aneconomic developmenturban renewal area 2 19 unless the owner of the agricultural land consents to 2 20 condemnation or unless the agricultural land is to be acquired 2 21 for industry as that term is defined in section 260E.2. A 2 22 municipality may exercise the power of eminent domain in the 2 23 manner provided in chapter 6B, and Acts amendatory to that 2 24 chapter or supplementary to that chapter, or it may exercise 2 25 the power of eminent domain in the manner now or which may be 2 26 hereafter provided by any other statutory provisions for the 2 27 exercise of the power of eminent domain. Property already 2 28 devoted to a public use may be acquired in like manner. 2 29 However, real property belonging to the state, or any 2 30 political subdivision of this state, shall not be acquired 2 31 without its consent, and real property or any right or 2 32 interest in the property owned by any public utility company, 2 33 pipeline company, railway or transportation company vested 2 34 with the right of eminent domain under the laws of this state, 2 35 shall not be acquired without the consent of the company, or 3 1 without first securing, after due notice to the company and 3 2 after hearing, a certificate authorizing condemnation of the 3 3 property from the board, commission or body having the 3 4 authority to grant a certificate authorizing condemnation. In 3 5 a condemnation proceeding, if a municipality proposes to take 3 6 a part of a lot or parcel of real property, the municipality 3 7 shall also take the remaining part of the lot or parcel if 3 8 requested by the owner. 3 9 Sec. 7. Section 403.17, subsection 10, Code 2001, is 3 10 amended by striking the subsection. 3 11 Sec. 8. Section 403.17, subsection 23, Code 2001, is 3 12 amended to read as follows: 3 13 23. "Urban renewal area" means a slum area,or blighted 3 14 area,economic development area,or combination of the areas, 3 15 which the local governing body designates as appropriate for 3 16 an urban renewal project. 3 17 Sec. 9. Section 403.17, subsection 24, paragraph b, Code 3 18 2001, is amended to read as follows: 3 19 b. Be sufficiently complete to indicate the real property 3 20 located in the urban renewal area to be acquired for the 3 21 proposeddevelopment,redevelopment, improvement, or 3 22 rehabilitation, and to indicate any zoning district changes, 3 23 existing and future land uses, and the local objectives 3 24 respecting development, redevelopment, improvement, or 3 25 rehabilitation related to the future land uses plan, and need 3 26 for improved traffic, public transportation, public utilities, 3 27 recreational and community facilities, and other public 3 28 improvements within the urban renewal area. 3 29 Sec. 10. Section 403.17, subsection 25, unnumbered 3 30 paragraph 1, Code 2001, is amended to read as follows: 3 31 "Urban renewal project" may include undertakings and 3 32 activities of a municipality in an urban renewal area for the 3 33 elimination and for the prevention of the development or 3 34 spread of slums and blight,may include the designation and3 35development of an economic development area in an urban4 1renewal area,and may involve slum clearance and redevelopment 4 2 in an urban renewal area, or rehabilitation or conservation in 4 3 an urban renewal area, or any combination or part thereof in 4 4 accordance with an urban renewal program. The undertakings 4 5 and activities may include: 4 6 Sec. 11. Section 403.17, subsection 25, paragraph a, Code 4 7 2001, is amended to read as follows: 4 8 a. Acquisition of a slum area,or blighted area,economic4 9development area,or portion of the areas; 4 10 Sec. 12. Section 403.19, subsection 2, Code 2001, is 4 11 amended to read as follows: 4 12 2. That portion of the taxes each year in excess of such 4 13 amount shall be allocated to and when collected be paid into a 4 14 special fund of the municipality to pay the principal of and 4 15 interest on loans, moneys advanced to, or indebtedness, 4 16 whether funded, refunded, assumed, or otherwise, including 4 17 bonds issued under the authority of section 403.9, subsection 4 18 1, incurred by the municipality to finance or refinance, in 4 19 whole or in part, an urban renewal project within the area, 4 20and to provide assistance for low and moderate income family4 21housing as provided in section 403.22,except that taxes for 4 22 the regular and voter-approved physical plant and equipment 4 23 levy of a school district imposed pursuant to section 298.2 4 24 and taxes for the payment of bonds and interest of each taxing 4 25 district must be collected against all taxable property within 4 26 the taxing district without limitation by the provisions of 4 27 this subsection. However, all or a portion of the taxes for 4 28 the physical plant and equipment levy shall be paid by the 4 29 school district to the municipality if the municipality 4 30 certifies to the school district by July 1 the amount of such 4 31 levy that is necessary to pay the principal and interest on 4 32 indebtedness incurred by the municipality to finance an urban 4 33 renewal project, which indebtedness was incurred before July 4 34 1, 2000. Such school district shall pay over the amount 4 35 certified by November 1 following certification to the school 5 1 district. Unless and until the total assessed valuation of 5 2 the taxable property in an urban renewal area exceeds the 5 3 total assessed value of the taxable property in such area as 5 4 shown by the last equalized assessment roll referred to in 5 5 subsection 1, all of the taxes levied and collected upon the 5 6 taxable property in the urban renewal area shall be paid into 5 7 the funds for the respective taxing districts as taxes by or 5 8 for the taxing districts in the same manner as all other 5 9 property taxes. When such loans, advances, indebtedness, and 5 10 bonds, if any, and interest thereon, have been paid, all 5 11 moneys thereafter received from taxes upon the taxable 5 12 property in such urban renewal area shall be paid into the 5 13 funds for the respective taxing districts in the same manner 5 14 as taxes on all other property. 5 15 Sec. 13. Section 403.22, Code 2001, is repealed. 5 16 EXPLANATION 5 17 This bill removes economic development as a purpose for 5 18 approval of an urban renewal plan and an urban renewal project 5 19 for an urban renewal area. 5 20 LSB 1142HH 79 5 21 sc/cf/24
Text: HF00535 Text: HF00537 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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