Text: HSB00521                          Text: HSB00523
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 522

Bill Text

PAG LIN
  1  1    Section 1.  Section 6B.2A, subsection 4, Code 2001, is
  1  2 amended to read as follows:
  1  3    4.  This section shall not apply to a condemnation of
  1  4 property by the state department of transportation for right-
  1  5 of-way that is contiguous to an existing road right-of-way and
  1  6 necessary for the maintenance, safety improvement, or repair,
  1  7 upgrade, or expansion of the existing road.
  1  8    Sec. 2.  Section 6B.2C, Code 2001, is amended to read a
  1  9 follows:
  1 10    6B.2C  APPROVAL OF THE PUBLIC IMPROVEMENT.
  1 11    The authority to condemn is not conferred, and the
  1 12 condemnation proceedings shall not commence, unless the
  1 13 governing body for the acquiring agency approves the use of
  1 14 condemnation and there is a reasonable expectation the
  1 15 applicant will be able to achieve its public purpose, comply
  1 16 with all applicable standards, and obtain the necessary
  1 17 permits.  For purposes of this section, when the acquiring
  1 18 agency is the state department of transportation, the
  1 19 governing body for the acquiring agency is the director of
  1 20 transportation.  
  1 21                           EXPLANATION
  1 22    This bill amends a provision in Code section 6B.2A that
  1 23 exempts certain condemnations of property by the state
  1 24 department of transportation from the requirement that the
  1 25 department provide early notice to owners of agricultural land
  1 26 that may be the subject of condemnation.  The bill exempts the
  1 27 department from the early notice requirement in cases when the
  1 28 condemnation is for right-of-way that is contiguous to an
  1 29 existing road right-of-way and necessary for the upgrade or
  1 30 expansion of the existing road.  Currently, such exemption
  1 31 exists for condemnation for right-of-way that is contiguous to
  1 32 an existing road right-of-way and necessary for the
  1 33 maintenance, safety improvement, or repair of the existing
  1 34 road.
  1 35    The bill also amends Code section 6B.2C to designate the
  2  1 director of transportation as the governing body of the state
  2  2 department of transportation when the department is acting as
  2  3 an acquiring agency for purposes of the condemnation of
  2  4 property.  Currently, Code section 6B.2C requires the
  2  5 governing body for an acquiring agency to approve the use of
  2  6 condemnation prior to the conferral of the authority to
  2  7 condemn and the commencement of condemnation proceedings.  
  2  8 LSB 5335DP 79
  2  9 nh/cls/14

Text: HSB00521                          Text: HSB00523
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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