House Journal: Page 1213: Tuesday, April 22, 2003
Page 4
1 Sec. . Section 327G.61, subsection 2, Code
2 2003, is amended to read as follows:
3 2. "Spur track" means a railroad track located
4 wholly within the state connected to a main or branch
5 line of a railroad and used to originate or terminate
6 traffic at one or more industries or a railroad track
7 not subject to the jurisdiction of the interstate
8 commerce commission surface transportation board. A
9 spur track shall not include a railroad line used to
10 provide line-haul or intercity transportation.
11 Sec. . Section 327G.78, unnumbered paragraph 1,
12 Code 2003, is amended to read as follows:
13 Subject to sections 327G.77 and 6A.16, when a
14 railroad corporation, its trustee, or its successor in
15 interest has interests in real property adjacent to a
16 railroad right-of-way that are abandoned by order of
17 the interstate commerce commission surface
18 transportation board, reorganization court, bankruptcy
19 court, or the department, or when a railroad
20 corporation, its trustee, or its successor in interest
21 seeks to sell its interests in that property under any
22 other circumstance, the railroad corporation, its
23 trustee, or its successor in interest shall extend a
24 written offer to sell at a fair market value price to
25 the persons holding leases, licenses, or permits upon
26 those properties, allowing sixty days from the time of
27 receipt for a written response. If a disagreement
28 arises between the parties concerning the price or
29 other terms of the sale transaction, either or both
30 parties may make written application to the department
31 to resolve the disagreement. The application shall be
32 made within sixty days from the time an initial
33 written response is served upon the railroad
34 corporation, trustee, or successor in interest by the
35 person wishing to purchase the property. The
36 department shall notify the department of inspections
37 and appeals which shall hear the controversy and make
38 a final determination of the fair market value of the
39 property and the other terms of the transaction which
40 were in dispute, within ninety days after the
41 application is filed. The determination is subject to
42 review by the department and the department's decision
43 is the final agency action. All correspondence shall
44 be by certified mail."
45 5. Page 21, by inserting after line 24, the
46 following:
47 "Sec. . Section 384.63, subsection 3, Code
48 2003, is amended to read as follows:
49 3. When a private improvement is constructed on a
50 lot subject to a deficiency, during the period of

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