Text: SF02211 Text: SF02213 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 306A.5, unnumbered paragraph 2, Code 1 2 2003, is amended by striking the unnumbered paragraph. 1 3 Sec. 2. Section 448.16, unnumbered paragraph 2, Code 2003, 1 4 is amended to read as follows: 1 5 At the expiration of the period of one hundred twenty days, 1 6 if no such claim has been filed, all persons shall thereafter 1 7 be forever barred and estopped from having or claiming any 1 8 right, title, or interest in the parcel adverse to the tax 1 9 title or purported tax title, and no action shall thereafter 1 10 be brought to recover the parcel, and the then tax-title owner1 11or owner of the purported tax title shall also have acquired1 12title to the parcel by adverse possession. 1 13 Sec. 3. Section 557.1, Code 2003, is amended to read as 1 14 follows: 1 15 557.1 WHO DEEMED SEIZED. 1 16 All persons owning real estatenot held by an adverse1 17possessionshall be deemed to be seized and possessed of the 1 18 same. 1 19 Sec. 4. NEW SECTION. 557.5A ADVERSE POSSESSION 1 20 ABOLISHED. 1 21 The common law doctrine of adverse possession is hereby 1 22 abolished and is declared not to be a part of the law of this 1 23 state. 1 24 Sec. 5. Section 589.24, Code 2003, is amended to read as 1 25 follows: 1 26 589.24 DEFECTIVE INSTRUMENTS. 1 27 A deed of conveyance, or other instrument purporting to 1 28 convey real estate within the state, where the deed or 1 29 instrument has been recorded in the office of the recorder of 1 30 any county in which the real estate is situated, and the deed 1 31 or instrument was executed by a county treasurer under a tax 1 32 sale, a sheriff under execution sale, or by a resident or 1 33 foreign executor, administrator, referee, receiver, trustee, 1 34 guardian, commissioner, individual, copartnership, 1 35 association, or corporation, and was executed and recorded 2 1 more than ten years earlier,and if the grantee named in the2 2deed or conveyance, or other instrument, or the grantee's2 3heirs or devisees, by direct line of title or conveyance have2 4been in the actual, open, adverse possession of the premises2 5since that date,is legalized, valid, and binding, 2 6 notwithstanding defects in the execution of the deed or 2 7 instrument. 2 8 Sec. 6. Section 614.32, subsection 3, Code 2003, is 2 9 amended by striking the subsection. 2 10 Sec. 7. Sections 557.5 and 564.1, Code 2003, are repealed. 2 11 EXPLANATION 2 12 This bill eliminates the statutory and common law doctrine 2 13 of adverse possession of real property in Iowa. The doctrine 2 14 of adverse possession allows a person who does not have title 2 15 to or the right to use certain real estate to claim title to 2 16 or the right to use the real estate by occupying the property 2 17 in a hostile, actual, open, exclusive, and continuous manner 2 18 for at least 10 years. 2 19 LSB 6579SV 80 2 20 rh/pj/5
Text: SF02211 Text: SF02213 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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