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Senate File 2207

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2207
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ACQUISITION, ENFORCEABILITY, AND PURPOSE
  1  5    OF CONSERVATION EASEMENTS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 457A.1, Code 2001, is amended to read
  1 10 as follows:
  1 11    457A.1  ACQUISITION BY OTHER THAN CONDEMNATION.
  1 12    The department of natural resources, the historical
  1 13 division of the department of cultural affairs, the state
  1 14 archaeologist appointed by the state board of regents pursuant
  1 15 to section 263B.1, any county conservation board, and any city
  1 16 or agency of a city may acquire by purchase, gift, contract,
  1 17 or other voluntary means, but not by eminent domain,
  1 18 conservation easements in land to preserve scenic beauty,
  1 19 wildlife habitat, riparian lands, wet lands wetlands, or
  1 20 forests, promote outdoor recreation, agriculture, or open
  1 21 space, or otherwise conserve for the benefit of the public the
  1 22 natural beauty, natural and cultural resources, and public
  1 23 recreation facilities of the state.
  1 24    Sec. 2.  Section 457A.2, Code 2001, is amended to read as
  1 25 follows:
  1 26    457A.2  DEFINITIONS.
  1 27    1.  "Conservation easement" means an easement in, servitude
  1 28 upon, restriction upon the use of, or other interest in land
  1 29 owned by another, created for any of the purposes set forth in
  1 30 section 457A.1.  A conservation easement shall be transferable
  1 31 to any other public body authorized to acquire conservation
  1 32 easements.  A conservation easement shall be perpetual unless
  1 33 expressly limited to a lesser term, or unless released by the
  1 34 holder, or unless a change of circumstances renders the
  1 35 easement no longer beneficial to the public.  No A comparative
  2  1 economic test shall not be used to determine whether a
  2  2 conservation easement is beneficial to the public.  A
  2  3 conservation easement shall be enforceable during the term of
  2  4 the easement notwithstanding sections 614.24 through 614.38.
  2  5    2.  "Department" means the department of natural resources
  2  6 created under section 455A.2.
  2  7    2.  "Natural resources" includes, but is not limited to,
  2  8 archaeological and historical resources.  
  2  9 
  2 10 
  2 11                                                             
  2 12                               MARY E. KRAMER
  2 13                               President of the Senate
  2 14 
  2 15 
  2 16                                                             
  2 17                               BRENT SIEGRIST
  2 18                               Speaker of the House
  2 19 
  2 20    I hereby certify that this bill originated in the Senate and
  2 21 is known as Senate File 2207, Seventy-ninth General Assembly.
  2 22 
  2 23 
  2 24                                                             
  2 25                               MICHAEL E. MARSHALL
  2 26                               Secretary of the Senate
  2 27 Approved                , 2002
  2 28 
  2 29 
  2 30                                
  2 31 THOMAS J. VILSACK
  2 32 Governor
     

Text: SF02206                           Text: SF02208
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