House
File
603
H-1406
Amend
House
File
603
as
follows:
1
1.
Page
1,
by
striking
lines
1
through
24.
2
2.
Page
1,
line
31,
after
<
condemnation
>
by
3
inserting
<
,
unless
such
condemnation
is
undertaken
by
4
the
department
of
transportation
>
5
3.
Page
2,
line
3,
after
<
governor.
>
by
inserting
6
<
The
approval
requirements
of
this
subsection
shall
not
7
apply
to
condemnation
undertaken
by
the
department
of
8
transportation.
>
9
4.
Page
2,
before
line
4
by
inserting:
10
<
Sec.
___.
Section
6A.19,
Code
2011,
is
amended
to
11
read
as
follows:
12
6A.19
Interpretative
clause.
13
A
grant
in
this
chapter
of
right
to
take
private
14
property
for
a
public
use
shall
not
be
construed
as
15
limiting
a
like
grant
elsewhere
in
the
Code
for
another
16
and
different
use.
Unless
specifically
provided
by
17
law,
this
chapter
shall
not
be
construed
to
limit
or
18
otherwise
affect
the
application
of
chapters
478
and
19
479
to
the
eminent
domain
authority
of
the
utilities
20
division
of
the
department
of
commerce.
>
21
5.
Page
2,
by
striking
lines
10
through
16
and
22
inserting
<
In
addition,
the
acquiring
agency
shall
23
conduct
a
review
of
prudent
and
feasible
alternatives
24
to
provision
of
a
drinking
water
source
prior
to
making
25
a
determination
that
such
lake
development
or
creation
26
is
reasonable
and
necessary.
>
27
6.
By
striking
page
2,
line
34,
through
page
3,
28
line
8,
and
inserting
<
by
one
or
more
registered
29
professional
engineers.
The
registered
professional
30
engineers
may
employ
standards
or
guidelines
other
31
than
those
recommended
by
the
acquiring
agency
when
32
determining
the
number
of
acres
justified
as
reasonable
33
and
necessary
for
a
surface
drinking
water
source.
The
34
data
and
information
used
by
the
professional
engineers
35
to
determine
the
drinking
water
capacity
needs
shall
36
include
data
and
information
relating
to
population
37
and
commercial
enterprise
activity
for
the
area
from
38
the
two
most
recent
federal
decennial
censuses
unless
39
the
district
court
of
the
county
in
which
the
property
40
is
situated
has
determined
by
a
preponderance
of
the
41
evidence
that
such
data
would
not
accurately
predict
42
the
population
and
commercial
enterprise
activity
of
43
the
area
in
the
future.
>
44
7.
Page
3,
by
striking
lines
10
through
13
and
45
inserting
<
capacity
needs
shall
be
performed
upon
46
receipt
by
the
acquiring
agency
of
a
petition
signed
47
by
not
less
than
twenty-five
percent
of
the
affected
48
property
owners.
The
engineer
to
perform
the
second
49
review
or
analysis
shall
be
selected
by
a
committee
50
-1-
HF603.1818
(2)
84
md/sc
1/
2
#1.
#2.
#3.
#4.
#5.
#6.
appointed
by
the
affected
property
owners
and
comprised
1
of
at
least
fifty
percent
property
owners
affected
by
2
the
proposed
condemnation
action.
The
>
3
8.
Page
3,
by
striking
lines
21
through
28.
4
9.
Page
3,
by
striking
line
31
and
inserting:
5
<
3.
a.
(1)
For
Except
as
provided
in
subparagraph
6
(2),
for
any
action
brought
under
this
section,
the
7
burden
>
8
10.
Page
3,
by
striking
line
35
and
inserting
9
<
meets
the
definition
of
those
terms.
10
a.
For
any
action
brought
under
this
section
11
relating
to
condemnation
undertaken
by
the
department
12
of
transportation,
the
burden
of
proof
shall
be
on
the
13
department
to
prove
by
a
preponderance
of
the
evidence
14
that
the
finding
of
public
use,
public
purpose,
or
15
public
improvement
meets
the
definition
of
those
terms.
16
b.
If
a
property
owner
or
a
>
17
11.
Page
4,
by
striking
line
9
and
inserting:
18
<
1.
The
authority
of
an
acquiring
agency
that
is
19
not
the
department
of
transportation
to
condemn
is
not
20
conferred,
and
the
>
21
12.
Page
4,
after
line
18
by
inserting:
22
<
2.
The
authority
of
the
department
of
23
transportation
to
condemn
is
not
conferred,
and
the
24
condemnation
proceedings
shall
not
commence,
unless
25
the
department
approves
the
use
of
condemnation
and
26
there
is
a
reasonable
expectation
the
department
will
27
be
able
to
achieve
its
public
purpose,
comply
with
28
all
applicable
standards,
and
obtain
the
necessary
29
permits.
>
30
13.
By
striking
page
4,
line
19,
through
page
5,
31
line
35.
32
14.
Page
6,
line
17
,
by
striking
<
begun
>
and
33
inserting
<
progressed
substantially
from
the
date
the
34
property
was
condemned
>
35
15.
Page
7,
by
striking
lines
5
through
24.
36
16.
By
renumbering
as
necessary.
37
______________________________
KAUFMANN
of
Cedar
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HF603.1818
(2)
84
md/sc
2/
2
#8.
#9.
#10.
#11.
#12.
#13.
#14.
#15.
#16.