House Amendment 8027
PAG LIN
1 1 Amend House File 2351 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause, and inserting the following:
1 4 <Section 1. NEW SECTION. 6A.22 CONDEMNATION OF
1 5 CERTAIN RESIDENTIAL PROPERTY == DEFINITIONS.
1 6 1. As used in this chapter and chapter 6B, unless
1 7 the context otherwise requires:
1 8 a. "Private development purposes" means the
1 9 construction of, or improvement related to,
1 10 recreational development paid for primarily with
1 11 private funds, housing and residential development, or
1 12 commercial or industrial enterprise development.
1 13 b. "Public use", "public purpose", or "public
1 14 improvement" does not include the authority to condemn
1 15 residential property for private development purposes
1 16 unless the owner of the residential property consents
1 17 to the condemnation.
1 18 c. "Residential property" means real property
1 19 which is an owner=occupied single=family dwelling or
1 20 an owner=occupied dwelling containing no more than two
1 21 single=family dwelling units, and structures
1 22 incidental or appurtenant to the dwelling.
1 23 Residential property does not include any real
1 24 property declared to be a horizontal property regime
1 25 under chapter 499B.
1 26 2. The limitation in subsection 1 on the
1 27 definition of public use, public purpose, or public
1 28 improvement does not apply to a slum area or blighted
1 29 area as defined in section 403.17, or to property
1 30 necessary for a municipal housing project under
1 31 chapter 403A, or to the establishment, relocation, or
1 32 improvement of a road pursuant to chapter 306, or to
1 33 the establishment of a railway under the supervision
1 34 of the department of transportation as provided in
1 35 section 327C.2, or to an airport as defined in section
1 36 328.1, or to land acquired in order to replace or
1 37 mitigate land used in a road project when federal law
1 38 requires replacement or mitigation. This limitation
1 39 also does not apply to utilities or persons under the
1 40 jurisdiction of the Iowa utilities board in the
1 41 department of commerce or to any other utility
1 42 conferred the right by statute to condemn private
1 43 property or to otherwise exercise the power of eminent
1 44 domain.
1 45 Sec. 2. Section 403.7, Code 2005, is amended to
1 46 read as follows:
1 47 403.7 CONDEMNATION OF PROPERTY.
1 48 A municipality shall have the right to acquire by
1 49 condemnation any interest in real property, including
1 50 a fee simple title thereto, which it may deem
2 1 necessary for or in connection with an urban renewal
2 2 project under this chapter, subject to the limitations
2 3 on eminent domain authority in chapter 6A. However, a
2 4 municipality shall not condemn agricultural land
2 5 included within an economic development area unless
2 6 the owner of the agricultural land consents to
2 7 condemnation or unless the agricultural land is to be
2 8 acquired for industry as that term is defined in
2 9 section 260E.2. A municipality may shall exercise the
2 10 power of eminent domain in the manner provided in
2 11 chapter 6B, and Acts amendatory to that chapter or
2 12 supplementary to that chapter, or it may exercise the
2 13 power of eminent domain in the manner now or which may
2 14 be hereafter provided by any other statutory
2 15 provisions for the exercise of the power of eminent
2 16 domain. Property already devoted to a public use may
2 17 be acquired in like manner. However, real property
2 18 belonging to the state, or any political subdivision
2 19 of this state, shall not be acquired without its
2 20 consent, and real property or any right or interest in
2 21 the property owned by any public utility company,
2 22 pipeline company, railway or transportation company
2 23 vested with the right of eminent domain under the laws
2 24 of this state, shall not be acquired without the
2 25 consent of the company, or without first securing,
2 26 after due notice to the company and after hearing, a
2 27 certificate authorizing condemnation of the property
2 28 from the board, commission or body having the
2 29 authority to grant a certificate authorizing
2 30 condemnation. In a condemnation proceeding, if a
2 31 municipality proposes to take a part of a lot or
2 32 parcel of real property, the municipality shall also
2 33 take the remaining part of the lot or parcel if
2 34 requested by the owner.
2 35 Sec. 3. Section 403A.20, Code 2005, is amended to
2 36 read as follows:
2 37 403A.20 CONDEMNATION OF PROPERTY.
2 38 A municipality shall have the right to acquire by
2 39 condemnation any interest in real property, including
2 40 a fee simple title thereto, which it may deem
2 41 necessary for or in connection with a municipal
2 42 housing project under this chapter. A municipality
2 43 may shall exercise the power of eminent domain in the
2 44 manner provided in chapter 6B, and acts amendatory
2 45 thereof or supplementary thereto, or it may exercise
2 46 the power of eminent domain in the manner now or which
2 47 may be hereafter provided by any other statutory
2 48 provisions for the exercise of the power of eminent
2 49 domain. Property already devoted to a public use may
2 50 be acquired in like manner: Provided, that no.
3 1 However, real property belonging to the state, or any
3 2 political subdivision thereof, may shall not be
3 3 acquired without its consent, provided further that no
3 4 and real property or any right or interest therein in
3 5 the property owned by any public utility company,
3 6 pipeline company, railway or transportation company
3 7 vested with the right of eminent domain under the laws
3 8 of this state, shall not be acquired without the
3 9 consent of such the company, or without first
3 10 securing, after due notice to such the company and
3 11 after hearing, a certificate authorizing condemnation
3 12 of such property from the board, commission or body
3 13 having the authority to grant a certificate
3 14 authorizing condemnation.
3 15 In a condemnation proceeding, if a municipality
3 16 proposes to take a part of a lot or parcel of real
3 17 property, the municipality shall also take the
3 18 remaining part of the lot or parcel if requested by
3 19 the owner.>
3 20 #2. Title page, by striking lines 1 through 4, and
3 21 inserting the following: <An Act limiting the
3 22 exercise of eminent domain authority over certain
3 23 residential property.>
3 24
3 25
3 26
3 27 HEDDENS of Story
3 28 HF 2351.1
3 29 sc/es/25
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