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 -2- HF603.1818 (2) 84 md/sc 2/ 2 #8. #9. #10. #11. #12. #13. #14. #15. #16.