Text: HF02331 Text: HF02333 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 457A.1, Code 2001, is amended to read 1 2 as follows: 1 3 457A.1 ACQUISITION BY OTHER THAN CONDEMNATION. 1 4 The department of natural resources, the historical 1 5 division of the department of cultural affairs, the state 1 6 archaeologist appointed by the state board of regents pursuant 1 7 to section 263B.1, any county conservation board, and any city 1 8 or agency of a city may acquire by purchase, gift, contract, 1 9 or other voluntary means, but not by eminent domain, 1 10 conservation easements in land to preserve scenic beauty, 1 11 wildlife habitat, riparian lands,wet landswetlands, or 1 12 forests, promote outdoor recreation, agriculture, or open 1 13 space, or otherwise conserve for the benefit of the public the 1 14 natural beauty, natural and cultural resources, and public 1 15 recreation facilities of the state. 1 16 Sec. 2. Section 457A.2, Code 2001, is amended to read as 1 17 follows: 1 18 457A.2 DEFINITIONS. 1 19 1. "Conservation easement" means an easement in, servitude 1 20 upon, restriction upon the use of, or other interest in land 1 21 owned by another, created for any of the purposes set forth in 1 22 section 457A.1. A conservation easement shall be transferable 1 23 to any other public body authorized to acquire conservation 1 24 easements. A conservation easement shall be perpetual unless 1 25 expressly limited to a lesser term, or unless released by the 1 26 holder, or unless a change of circumstances renders the 1 27 easement no longer beneficial to the public.NoA comparative 1 28 economic test shall not be used to determine whether a 1 29 conservation easement is beneficial to the public. A 1 30 conservation easement shall be enforceable during the term of 1 31 the easement notwithstanding sections 614.24 through 614.38. 1 322. "Department" means the department of natural resources1 33created under section 455A.2.1 34 2. "Natural resources" includes, but is not limited to, 1 35 archaeological and historical resources. 2 1 EXPLANATION 2 2 This bill relates to the acquisition, enforceability, and 2 3 purpose of conservation easements. Currently, the department 2 4 of natural resources, any county conservation board, and any 2 5 city or agency of a city may acquire a conservation easement, 2 6 other than by means of condemnation, in land to preserve 2 7 scenic beauty, wildlife habitat, riparian lands, wetlands, or 2 8 forests, promote outdoor recreation, or otherwise conserve for 2 9 the benefit of the public the natural beauty, natural 2 10 resources, and public recreation facilities of the state. The 2 11 bill adds the historical division of the department of 2 12 cultural affairs and the state archaeologist to the list of 2 13 entities which may acquire the conservation easement. The 2 14 bill adds that conservation easements may be acquired for the 2 15 promotion of agriculture or open space or for the conservation 2 16 of cultural resources. The bill also provides that a 2 17 conservation easement shall be enforceable during the term of 2 18 the easement notwithstanding sections of the Code relating to 2 19 reversion or use restrictions on land and marketable record 2 20 title. The bill provides that the term "natural resources" 2 21 includes, but is not limited to, archaeological and historical 2 22 resources. 2 23 LSB 5962HH 79 2 24 tm/sh/8.1
Text: HF02331 Text: HF02333 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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