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House Amendment 1463

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-1457, to House File 686 as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 12, the
  1  4 following:
  1  5    "Sec.    .  Section 403.2, subsection 3, Code 2003,
  1  6 is amended to read as follows:
  1  7    3.  It is further found and declared that there
  1  8 exists in this state the continuing need for programs
  1  9 to alleviate and prevent conditions of unemployment
  1 10 and a shortage of housing; and that it is accordingly
  1 11 necessary to assist and retain local industries and
  1 12 commercial enterprises to strengthen and revitalize
  1 13 the economy of this state and its municipalities; that
  1 14 accordingly it is necessary to provide means and
  1 15 methods for the encouragement and assistance of
  1 16 industrial and commercial enterprises in locating,
  1 17 purchasing, constructing, reconstructing, modernizing,
  1 18 improving, maintaining, repairing, furnishing,
  1 19 equipping, and expanding in this state and its
  1 20 municipalities, for the provision of public
  1 21 improvements related to housing and residential
  1 22 development, and for the construction of housing for
  1 23 low and moderate income families; that accordingly it
  1 24 is necessary to authorize local governing bodies to
  1 25 designate areas of a municipality as economic
  1 26 development areas for commercial and industrial
  1 27 enterprises, public improvements related to housing
  1 28 and residential development, or construction of
  1 29 housing for low and moderate income families; and that
  1 30 it is also necessary to encourage the location and
  1 31 expansion of commercial enterprises to more
  1 32 conveniently provide needed services and facilities of
  1 33 the commercial enterprises to municipalities and the
  1 34 residents of the municipalities.  Therefore, the
  1 35 powers granted in this chapter constitute the
  1 36 performance of essential public purposes for this
  1 37 state and its municipalities.
  1 38    Sec.    .  Section 403.4, subsection 1, Code 2003,
  1 39 is amended to read as follows:
  1 40    1.  One or more slum, or blighted or economic
  1 41 development areas exist in the municipality.
  1 42    Sec.    .  Section 403.5, subsection 1, Code 2003,
  1 43 is amended to read as follows:
  1 44    1.  A municipality shall not approve an urban
  1 45 renewal project for an urban renewal area unless the
  1 46 governing body has, by resolution, determined the area
  1 47 to be a slum area, or blighted area, economic
  1 48 development area or a combination of those areas, and
  1 49 designated the area as appropriate for an urban
  1 50 renewal project.  The local governing body shall not
  2  1 approve an urban renewal plan until a general plan for
  2  2 the municipality has been prepared.  For this purpose
  2  3 and other municipal purposes, authority is vested in
  2  4 every municipality to prepare, to adopt and to revise
  2  5 from time to time, a general plan for the physical
  2  6 development of the municipality as a whole, giving due
  2  7 regard to the environs and metropolitan surroundings.
  2  8 A municipality shall not acquire real property for an
  2  9 urban renewal project unless the local governing body
  2 10 has approved the urban renewal project in accordance
  2 11 with subsection 4."
  2 12    #2.  Page 1, by inserting after line 21, the
  2 13 following:
  2 14    "Sec.    .  Section 403.5, subsection 4, paragraph
  2 15 b, subparagraph (2), unnumbered paragraph 2, Code
  2 16 2003, is amended by striking the unnumbered
  2 17 paragraph."
  2 18    #3.  Page 3, by inserting after line 14, the
  2 19 following:
  2 20    "Sec.    .  Section 403.7, Code 2003, is amended to
  2 21 read as follows:
  2 22    403.7  CONDEMNATION OF PROPERTY.
  2 23    A municipality shall have the right to acquire by
  2 24 condemnation any interest in real property, including
  2 25 a fee simple title thereto, which it may deem
  2 26 necessary for or in connection with an urban renewal
  2 27 project under this chapter.  However, a municipality
  2 28 shall not condemn agricultural land included within an
  2 29 economic development area unless the owner of the
  2 30 agricultural land consents to condemnation or unless
  2 31 the agricultural land is to be acquired for industry
  2 32 as that term is defined in section 260E.2.  A
  2 33 municipality may exercise the power of eminent domain
  2 34 in the manner provided in chapter 6B, and Acts
  2 35 amendatory to that chapter or supplementary to that
  2 36 chapter, or it may exercise the power of eminent
  2 37 domain in the manner now or which may be hereafter
  2 38 provided by any other statutory provisions for the
  2 39 exercise of the power of eminent domain.  Property
  2 40 already devoted to a public use may be acquired in
  2 41 like manner.  However, real property belonging to the
  2 42 state, or any political subdivision of this state,
  2 43 shall not be acquired without its consent, and real
  2 44 property or any right or interest in the property
  2 45 owned by any public utility company, pipeline company,
  2 46 railway or transportation company vested with the
  2 47 right of eminent domain under the laws of this state,
  2 48 shall not be acquired without the consent of the
  2 49 company, or without first securing, after due notice
  2 50 to the company and after hearing, a certificate
  3  1 authorizing condemnation of the property from the
  3  2 board, commission or body having the authority to
  3  3 grant a certificate authorizing condemnation.  In a
  3  4 condemnation proceeding, if a municipality proposes to
  3  5 take a part of a lot or parcel of real property, the
  3  6 municipality shall also take the remaining part of the
  3  7 lot or parcel if requested by the owner."
  3  8    #4.  By striking page 3, line 32, through page 4,
  3  9 line 10, and inserting the following:
  3 10    "Sec.    .  Section 403.17, subsection 10, Code
  3 11 2003, is amended by striking the subsection."
  3 12    #5.  Page 4, by inserting after line 16, the
  3 13 following:
  3 14    "Sec.    .  Section 403.17, subsection 23, Code
  3 15 2003, is amended to read as follows:
  3 16    23.  "Urban renewal area" means a slum area, or
  3 17 blighted area, economic development area, or
  3 18 combination of the areas, which the local governing
  3 19 body designates as appropriate for an urban renewal
  3 20 project.
  3 21    Sec.    .  Section 403.17, subsection 25,
  3 22 unnumbered paragraph 1, Code 2003, is amended to read
  3 23 as follows:
  3 24    "Urban renewal project" may include undertakings
  3 25 and activities of a municipality in an urban renewal
  3 26 area for the elimination and for the prevention of the
  3 27 development or spread of slums and blight, may include
  3 28 the designation and development of an economic
  3 29 development area in an urban renewal area, and may
  3 30 involve slum clearance and redevelopment in an urban
  3 31 renewal area, or rehabilitation or conservation in an
  3 32 urban renewal area, or any combination or part thereof
  3 33 in accordance with an urban renewal program.  The
  3 34 undertakings and activities may include:
  3 35    Sec.    .  Section 403.17, subsection 25, paragraph
  3 36 a, Code 2003, is amended to read as follows:
  3 37    a.  Acquisition of a slum area, or blighted area,
  3 38 economic development area, or portion of the areas;".
  3 39    #6.  By renumbering as necessary.  
  3 40 
  3 41 
  3 42                               
  3 43 FORD of Polk
  3 44 HF 686.205 80
  3 45 sc/sh
     

Text: H01462                            Text: H01464
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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