Senate File 452 S-3241 Amend the amendment, S-3223, to the House amendment, 1 S-3218, to Senate File 452, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 61, before line 23 by inserting: 4 < DIVISION ___ 5 EMINENT DOMAIN 6 Sec. ___. NEW SECTION . 6A.15 Property on state 7 historic registry. 8 1. Property listed on the state register of 9 historic places maintained by the historical division 10 of the department of cultural affairs shall not be 11 removed from the register solely for the purpose of 12 allowing acquisition of the property by condemnation, 13 unless such condemnation is undertaken by the 14 department of transportation. 15 2. Property listed on the state register of 16 historic places maintained by the historical division 17 of the department of cultural affairs shall not be 18 condemned by the state or a political subdivision 19 unless a joint resolution authorizing commencement of 20 the condemnation proceedings is approved by a vote of 21 at least two-thirds of the members of both chambers 22 of the general assembly and signed by the governor. 23 The approval requirements of this subsection shall not 24 apply to condemnation undertaken by the department of 25 transportation. 26 Sec. ___. Section 6A.19, Code 2013, is amended to 27 read as follows: 28 6A.19 Interpretative clause. 29 A grant in this chapter of right to take private 30 property for a public use shall not be construed as 31 limiting a like grant elsewhere in the Code for another 32 and different use. Unless specifically provided by 33 law, this chapter shall not be construed to limit or 34 otherwise affect the application of chapters 478 and 35 479 to the eminent domain authority of the utilities 36 division of the department of commerce. 37 Sec. ___. Section 6A.22, subsection 2, paragraph 38 c, subparagraph (1), Code 2013, is amended to read as 39 follows: 40 (1) (a) If private property is to be condemned for 41 development or creation of a lake, only that number 42 of acres justified as reasonable and necessary for 43 a surface drinking water source, and not otherwise 44 acquired, may be condemned. In addition, the acquiring 45 agency shall conduct a review of prudent and feasible 46 alternatives to provision of a drinking water source 47 prior to making a determination that such lake 48 development or creation is reasonable and necessary. 49 Development or creation of a lake as a surface drinking 50 -1- S3223.2246 (2) 85 tm/jp 1/ 6 #1.

water source includes all of the following: 1 (i) Construction of the dam, including sites for 2 suitable borrow material and the auxiliary spillway. 3 (ii) The water supply pool. 4 (iii) The sediment pool. 5 (iv) The flood control pool. 6 (v) The floodwater retarding pool. 7 (vi) The surrounding area upstream of the dam 8 no higher in elevation than the top of the dam’s 9 elevation. 10 (vii) The appropriate setback distance required 11 by state or federal laws and regulations to protect 12 drinking water supply. 13 (b) For purposes of this subparagraph (1), “number 14 of acres justified as reasonable and necessary for 15 a surface drinking water source” means according to 16 guidelines of the United States natural resource 17 conservation service and according to analyses of 18 surface drinking water capacity needs conducted 19 by one or more registered professional engineers. 20 The registered professional engineers may, if 21 appropriate, employ standards or guidelines other 22 than the guidelines of the United States natural 23 resource conservation service when determining the 24 number of acres justified as reasonable and necessary 25 for a surface drinking water source. The data and 26 information used by the registered professional 27 engineers shall include data and information relating 28 to population and commercial enterprise activity for 29 the area from the two most recent federal decennial 30 censuses unless the district court of the county in 31 which the property is situated has determined by a 32 preponderance of the evidence that such data would 33 not accurately predict the population and commercial 34 enterprise activity of the area in the future. 35 (c) A second review or analysis of the drinking 36 water capacity needs shall be performed upon receipt 37 by the acquiring agency of a petition signed by not 38 less than twenty-five percent of the affected property 39 owners. The registered professional engineer to 40 perform the second review or analysis shall be selected 41 by a committee appointed by the affected property 42 owners and whose membership is comprised of at least 43 fifty percent property owners affected by the proposed 44 condemnation action. The acquiring agency shall be 45 responsible for paying the fees and expenses of such 46 an engineer. 47 (d) If private property is to be condemned for 48 development or creation of a lake, the plans, analyses, 49 applications, including any application for funding, 50 -2- S3223.2246 (2) 85 tm/jp 2/ 6

and other planning activities of the acquiring agency 1 shall not include or provide for the use of the lake 2 for recreational purposes. 3 Sec. ___. Section 6B.54, subsection 10, paragraph 4 a, Code 2013, is amended by adding the following new 5 subparagraph: 6 NEW SUBPARAGRAPH . (3) Reasonable attorney fees and 7 reasonable costs not to exceed one hundred thousand 8 dollars, attributable to a determination that the 9 creation of a lake through condemnation includes a 10 future recreational use or that a violation of section 11 6A.22, subsection 2, paragraph “c” , subparagraph (1), 12 subparagraph division (d), has occurred, if such fees 13 and costs are not otherwise provided under section 14 6B.33. 15 Sec. ___. NEW SECTION . 6B.56B Disposition of 16 condemned property —— two-year time period. 17 1. When two years have elapsed since property 18 was condemned for the creation of a lake according 19 to the requirements of section 6A.22, subsection 2, 20 paragraph “c” , subparagraph (1), and the property has 21 not been used for or construction has not progressed 22 substantially from the date the property was condemned 23 for the purpose stated in the application filed 24 pursuant to section 6B.3, and the acquiring agency has 25 not taken action to dispose of the property pursuant 26 to section 6B.56, the acquiring agency shall, within 27 sixty days, adopt a resolution offering the property 28 for sale to the prior owner at a price as provided in 29 section 6B.56. If the resolution adopted approves an 30 offer of sale to the prior owner, the offer shall be 31 made in writing and mailed by certified mail to the 32 prior owner. The prior owner has one hundred eighty 33 days after the offer is mailed to purchase the property 34 from the acquiring agency. 35 2. If the acquiring agency has not adopted a 36 resolution described in subsection 1 within the 37 sixty-day time period, the prior owner may, in writing, 38 petition the acquiring agency to offer the property 39 for sale to the prior owner at a price as provided in 40 section 6B.56. Within sixty days after receipt of 41 such a petition, the acquiring agency shall adopt a 42 resolution described in subsection 1. If the acquiring 43 agency does not adopt such a resolution within sixty 44 days after receipt of the petition, the acquiring 45 agency is deemed to have offered the property for sale 46 to the prior owner. 47 3. The acquiring agency shall give written notice 48 to the owner of the right to purchase the property 49 under this section at the time damages are paid to the 50 -3- S3223.2246 (2) 85 tm/jp 3/ 6

owner. 1 Sec. ___. Section 403.7, subsection 1, unnumbered 2 paragraph 1, Code 2013, is amended to read as follows: 3 A municipality shall have the right to acquire by 4 condemnation any interest in real property, including a 5 fee simple title thereto, which it may deem necessary 6 for or in connection with an urban renewal project 7 under this chapter , subject to the limitations on 8 eminent domain authority in chapter chapters 6A and 6B . 9 However, a municipality shall not condemn agricultural 10 land included within an economic development area 11 for any use unless the owner of the agricultural land 12 consents to condemnation or unless the municipality 13 determines that the land is necessary or useful for any 14 of the following: 15 Sec. ___. NEW SECTION . 423B.11 Use of revenues —— 16 limitation. 17 The revenue raised by a local sales and services 18 tax imposed under this chapter by a county shall not 19 be expended for any purpose related to a project that 20 includes the condemnation of private property for 21 the creation of a lake according to the requirements 22 of section 6A.22, subsection 2, paragraph “c” , 23 subparagraph (1), if the local sales and services tax 24 has not been approved at election in the area where the 25 property to be condemned is located. 26 Sec. ___. Section 455A.5, Code 2013, is amended by 27 adding the following new subsection: 28 NEW SUBSECTION . 7. The authority granted to the 29 commission to acquire real property for purposes 30 of carrying out a duty related to development or 31 maintenance of the recreation resources of the state, 32 including planning, acquisition, and development of 33 recreational projects, and areas and facilities related 34 to such projects, shall not include the authority to 35 acquire real property by eminent domain. 36 Sec. ___. Section 456A.24, subsection 2, unnumbered 37 paragraph 1, Code 2013, is amended to read as follows: 38 Acquire by purchase, condemnation, lease, agreement, 39 gift, and devise lands or waters suitable for the 40 purposes hereinafter enumerated, and rights-of-way 41 thereto, and to maintain the same for the following 42 purposes , to wit : 43 Sec. ___. Section 456A.24, Code 2013, is amended by 44 adding the following new subsection: 45 NEW SUBSECTION . 15. The authority granted the 46 department to acquire real property for any statutory 47 purpose relating to the development or maintenance 48 of the recreation resources of the state, including 49 planning, acquisition, and development of recreational 50 -4- S3223.2246 (2) 85 tm/jp 4/ 6

projects, and areas and facilities related to such 1 projects, shall not include the authority to acquire 2 real property by eminent domain. 3 Sec. ___. Section 461A.7, Code 2013, is amended to 4 read as follows: 5 461A.7 Eminent domain Purchase of lands —— public 6 parks . 7 The commission may purchase or condemn lands from 8 willing sellers for public parks. No A contract for 9 the purchase of such public parks shall not be made to 10 an amount in excess of funds appropriated therefor by 11 the general assembly. 12 Sec. ___. Section 461A.10, Code 2013, is amended to 13 read as follows: 14 461A.10 Title to lands. 15 The title to all lands purchased, condemned, or 16 donated , hereunder, for park or highway purposes and 17 the title to all lands purchased, condemned, or donated 18 hereunder for highway purposes , shall be taken in the 19 name of the state and if thereafter it shall be deemed 20 advisable to sell any portion of the land so purchased 21 or condemned, the proceeds of such sale shall be placed 22 to the credit of the said public state parks fund to be 23 used for such park purposes. 24 Sec. ___. Section 463C.8, subsection 1, paragraph 25 k, Code 2013, is amended to read as follows: 26 k. The power to acquire, own, hold, administer, 27 and dispose of property , except that such power is not 28 a grant of authority to acquire property by eminent 29 domain . 30 Sec. ___. REPEAL. Sections 461A.9 and 461A.75, 31 Code 2013, are repealed. 32 Sec. ___. SEVERABILITY. If any provision of this 33 division of this Act is held invalid, the invalidity 34 shall not affect other provisions or applications of 35 this division of this Act which can be given effect 36 without the invalid provision, and to this end the 37 provisions of this division of this Act are severable 38 as provided in section 4.12. 39 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 40 of this Act, being deemed of immediate importance, 41 takes effect upon enactment. 42 Sec. ___. APPLICABILITY. Except as otherwise 43 provided in this division of this Act, this division 44 of this Act applies to projects or condemnation 45 proceedings pending or commenced on or after the 46 effective date of this division of this Act. 47 Sec. ___. RETROACTIVE APPLICABILITY. 48 Notwithstanding any provision of law to the contrary, 49 the following provisions of this division of this 50 -5- S3223.2246 (2) 85 tm/jp 5/ 6

Act apply retroactively to projects or condemnation 1 proceedings pending or commenced on or after February 2 15, 2013: 3 1. The section amending section 6A.22. 4 2. The section enacting section 6B.56B. > 5 2. By renumbering as necessary. 6 ______________________________ MARK CHELGREN ______________________________ JAKE CHAPMAN ______________________________ RICK BERTRAND ______________________________ JACK WHITVER ______________________________ JONI ERNST ______________________________ KENT SORENSON -6- S3223.2246 (2) 85 tm/jp 6/ 6 #2.