House Amendment 1398


PAG LIN




     1  1    Amend House File 777 as follows:
     1  2 #1.  Page 1, by inserting before line 1 the
     1  3 following:
     1  4    <Section 1.  Section 6B.14, subsection 2, Code
     1  5 2009, is amended to read as follows:
     1  6    2.  Prior to the meeting of the commission, the
     1  7 commission or a commissioner shall not communicate
     1  8 with the applicant, property owner, or tenant, or
     1  9 their agents, regarding the condemnation proceedings.
     1 10 The commissioners shall meet in open session to view
     1 11 the property and to receive evidence, but may and
     1 12 shall deliberate and vote in closed open session.
     1 13 When deliberating in closed session, the meeting is
     1 14 closed to all persons who are not commissioners except
     1 15 for personnel from the sheriff's office if such
     1 16 personnel is requested by the commission.  After
     1 17 deliberations commence, the commission and each
     1 18 commissioner is prohibited from communicating with any
     1 19 party to the proceeding unless such communication
     1 20 occurs in the presence of or with the consent of the
     1 21 property owner and the other parties who appeared
     1 22 before the commission or their agents.  However, if
     1 23 the commission is deliberating in closed session, and
     1 24 after deliberations commence the commission requires
     1 25 further information from a party or a witness, the
     1 26 commission shall notify the property owner and the
     1 27 acquiring agency that they are allowed to attend the
     1 28 meeting at which such additional information shall be
     1 29 provided but only for that period of time during which
     1 30 the additional information is being provided.  The
     1 31 property owner and the acquiring agency shall be given
     1 32 a reasonable opportunity to attend the meeting.  The
     1 33 commission shall keep minutes of all its meetings
     1 34 showing the date, time, and place, the members
     1 35 present, and the action taken at each meeting.  The
     1 36 minutes shall show the results of each vote taken and
     1 37 information sufficient to indicate the vote of each
     1 38 member present.  The vote of each member present shall
     1 39 be made public at the open session.  The minutes shall
     1 40 be public records open to public inspection.>
     1 41 #2.  Page 5, by inserting after line 15 the
     1 42 following:
     1 43    <Sec.    .  NEW SECTION.  21.12  CONDEMNATION
     1 44 PROCEEDINGS == DELIBERATIONS.
     1 45    Compensation commissioners shall meet, deliberate,
     1 46 and vote in open session when condemning private land
     1 47 through the process established in chapter 6B pursuant
     1 48 to section 6B.14, subsection 2.>
     1 49 #3.  By renumbering as necessary.
     1 50
     2  1
     2  2                               
     2  3 KAUFMANN of Cedar
     2  4
     2  5
     2  6                               
     2  7 GRASSLEY of Butler
     2  8
     2  9
     2 10                               
     2 11 TYMESON of Madison
     2 12 HF 777.501 83
     2 13 rh/rj/23324

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