House Journal: Page 1753: Thursday, May 1, 2003
18 easements for uses of rights-of-way.
19 Sec. 206. THIRD-PARTY APPROVALS.
20 1. The state shall exercise all reasonable efforts
21 to obtain each required third-party approval,
22 including where necessary by use of eminent domain
23 proceedings. To the extent feasible, the state may
24 pay the costs of obtaining required third-party
25 approvals out of the proceeds of sale rather than from
26 the general fund of the state. In the event the state
27 fails to obtain a required third-party approval, the
28 purchaser may terminate the sales contract without
29 penalty and shall be reimbursed by the state for
30 reasonable out-of-pocket expenses incurred in
31 preparing its proposal and fulfilling its obligations
32 under the sales contract, not to exceed two million
33 dollars.
34 2. The board and the purchaser shall develop a
35 list of required third-party approvals and persons who
36 may have claims that would constitute required third-
37 party approvals if valid. The board shall mail to
38 each person on the list at their last known address a
39 notice that provides a description of the sale and
40 invites the recipient to submit a claim on a form
41 developed by the board by a deadline set by the board.
42 The claim or interest of any person who fails to
43 timely file a claim shall be deemed discharged and
44 forfeited, and such person shall be forever barred and
45 estopped from taking any action against the state or
46 purchaser that would in any way interfere with the
47 purchaser's use of the network. In addition, the
48 board shall publish the notice in newspapers of
49 general circulation in the state of Iowa, and failure
50 to file a timely claim shall bar all persons whose
Page 6
1 rights could constitutionally be affected by such
2 notice, just as if such person had been mailed notice.
3 3. Any eminent domain or other proceeding to
4 obtain a required third-party approval shall be
5 promptly filed by the attorney general at the request
6 of the board and shall be added to the calendar of any
7 trial or appellate court of this state so that the
8 deadline in section 202 of this Act for closing the
9 sale can be met.
10 Sec. 207. REMOVAL OF RESTRICTIONS - REPEAL OF
11 CHAPTER 8D. Chapter 8D is repealed, effective as of
12 the date of the closing of the sale of the network
13 under this division of this Act, as certified by the
14 chairperson of the board to the governor.
15 Sec. 208. ASSISTANCE OF OTHER STATE AGENCIES.
16 1. The attorney general shall provide legal advice
© 2003 Cornell College and
League of Women Voters of Iowa
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