Text: SF02067 Text: SF02069 Text: SF02000 - SF02099 Text: SF 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, or otherwise conserve for 1 13 the benefit of the public the natural beauty, natural 1 14 resources, and public recreation facilities of the state. 1 15 Sec. 2. Section 457A.2, Code 2001, is amended to read as 1 16 follows: 1 17 457A.2 DEFINITIONS. 1 18 1. "Conservation easement" means an easement in, servitude 1 19 upon, restriction upon the use of, or other interest in land 1 20 owned by another, created for any of the purposes set forth in 1 21 section 457A.1. A conservation easement shall be transferable 1 22 to any other public body authorized to acquire conservation 1 23 easements. A conservation easement shall be perpetual unless 1 24 expressly limited to a lesser term, or unless released by the 1 25 holder, or unless a change of circumstances renders the 1 26 easement no longer beneficial to the public.NoA comparative 1 27 economic test shall not be used to determine whether a 1 28 conservation easement is beneficial to the public. A 1 29 conservation easement shall be enforceable during the term of 1 30 the easement notwithstanding sections 614.24 through 614.38. 1 312. "Department" means the department of natural resources1 32created under section 455A.2.1 33 2. "Natural resources" includes, but is not limited to, 1 34 archaeological resources. 1 35 EXPLANATION 2 1 This bill relates to the acquisition, enforceability, and 2 2 purpose of conservation easements. Currently, the department 2 3 of natural resources, any county conservation board, and any 2 4 city or agency of a city may acquire a conservation easement, 2 5 other than by means of condemnation, in land to preserve 2 6 scenic beauty, wildlife habitat, riparian lands, wetlands, or 2 7 forests, promote outdoor recreation, or otherwise conserve for 2 8 the benefit of the public the natural beauty, natural 2 9 resources, and public recreation facilities of the state. The 2 10 bill adds the historical division of the department of 2 11 cultural affairs and the state archaeologist to the list of 2 12 entities which may acquire the conservation easement. The 2 13 bill also provides that a conservation easement shall be 2 14 enforceable during the term of the easement notwithstanding 2 15 sections of the Code relating to reversion or use restrictions 2 16 on land and marketable record title. The bill provides that 2 17 the term "natural resources" includes, but is not limited to, 2 18 archaeological resources. 2 19 LSB 5962SS 79 2 20 tm/sh/8
Text: SF02067 Text: SF02069 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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