Senate File 449 H-1188 Amend Senate File 449, as passed by the Senate, as 1 follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 PUBLIC IMPROVEMENT LOCATION AND UNUSED PORTION OF 5 CONDEMNED PROPERTY > 6 2. Page 2, line 33, after < this > by inserting 7 < division of this > 8 3. Page 3, line 2, after < this > by inserting 9 < division of this > 10 4. Page 3, after line 5 by inserting: 11 < DIVISION ___ 12 CONDEMNATION FOR CREATION OF A LAKE —— NUMBER OF ACRES 13 Sec. ___. Section 6A.22, subsection 2, paragraph c, 14 subparagraph (1), subparagraph division (b), Code 2015, 15 is amended to read as follows: 16 (b) (i) For purposes of this subparagraph (1), 17 “number of acres justified as necessary for a surface 18 drinking water source” means according to guidelines of 19 the United States natural resource conservation service 20 and according to analyses of surface drinking water 21 capacity needs conducted by one or more registered 22 professional engineers. 23 (ii) For condemnation proceedings for which the 24 application pursuant to section 6B.3 was filed after 25 January 1, 2013, for condemnation of property that was 26 in whole or in part subject to an action under section 27 6A.24 for which the petition under section 6A.24 was 28 filed after January 1, 2013, but before January 1, 29 2014, “number of acres justified as necessary for a 30 surface drinking water source” , as determined under 31 subparagraph subdivision (i) shall not exceed the 32 number of acres that would be necessary to provide 33 the amount of drinking water to meet the needs of a 34 population equal to the population of the county where 35 the lake is to be developed or created, according to 36 the most recent federal decennial census. However, 37 if the population of the county where the lake is to 38 be developed or created increased from the federal 39 decennial census immediately preceding the most 40 recent federal decennial census, the “number of acres 41 justified as necessary for a surface drinking water 42 source” shall not exceed the number of acres that 43 would be necessary to provide the amount of drinking 44 water to meet the needs of a population equal to the 45 product of one plus the percentage increase in the 46 population of the county between the two most recent 47 federal decennial censuses multiplied by the county’s 48 population according to the most recent federal 49 decennial census. 50 -1- SF449.1316 (1) 86 md/sc 1/ 3 #1. #2. #3. #4.

Sec. ___. EFFECTIVE UPON ENACTMENT. This division 1 of this Act, being deemed of immediate importance, 2 takes effect upon enactment. 3 DIVISION ___ 4 CONDEMNATION FOR CREATION OF A LAKE —— EXISTING SOURCES 5 Sec. ___. Section 6A.22, subsection 2, paragraph c, 6 subparagraph (1), subparagraph division (a), unnumbered 7 paragraph 1, Code 2015, is amended to read as follows: 8 If private property is to be condemned for 9 development or creation of a lake, only that number of 10 acres justified as necessary for a surface drinking 11 water source, and not otherwise acquired, may be 12 condemned. In addition However, an acquiring agency 13 shall not have the authority to condemn private 14 property for creation of a lake as a surface drinking 15 water source if an existing drinking water source may 16 be expanded or supplemented for such purpose. If an 17 existing drinking water source is incapable of being 18 expanded or supplemented as a surface drinking water 19 source , the acquiring agency shall conduct a review of 20 prudent and feasible alternatives to provision of a 21 drinking water source prior to making a determination 22 that such lake development or creation is reasonable 23 and necessary. Development or creation of a lake as 24 a surface drinking water source includes all of the 25 following: 26 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 27 of this Act, being deemed of immediate importance, 28 takes effect upon enactment. 29 Sec. ___. APPLICABILITY. This division of this Act 30 applies to projects or condemnation proceedings pending 31 or commenced on or after the effective date of this 32 division of this Act. 33 DIVISION ___ 34 DISPOSITION OF CONDEMNED PROPERTY 35 Sec. ___. Section 6B.56A, subsection 4, Code 2015, 36 is amended to read as follows: 37 4. This section does not apply to property acquired 38 for street and highway projects undertaken by the 39 state, a county, or a city or to property that is 40 subject to the disposition of property requirements 41 under section 6B.56B . 42 Sec. ___. NEW SECTION . 6B.56B Disposition of 43 condemned property —— lake creation. 44 1. When two years have elapsed since property was 45 condemned for the creation of a lake according to the 46 requirements of section 6A.22, subsection 2, paragraph 47 “c” , subparagraph (1), and the property has not been 48 used for the purpose stated in the application filed 49 pursuant to section 6B.3, and the acquiring agency has 50 -2- SF449.1316 (1) 86 md/sc 2/ 3

not taken action to dispose of the property pursuant 1 to section 6B.56, the acquiring agency shall, within 2 sixty days, adopt a resolution offering the property 3 for sale to the prior owner at a price as provided in 4 section 6B.56. If the resolution adopted approves an 5 offer of sale to the prior owner, the offer shall be 6 made in writing and mailed by certified mail to the 7 prior owner. The prior owner has one hundred eighty 8 days after the offer is mailed to purchase the property 9 from the acquiring agency. 10 2. If the acquiring agency has not adopted a 11 resolution described in subsection 1 within the 12 sixty-day time period, the prior owner may, in writing, 13 petition the acquiring agency to offer the property 14 for sale to the prior owner at a price as provided in 15 section 6B.56. Within sixty days after receipt of 16 such a petition, the acquiring agency shall adopt a 17 resolution described in subsection 1. If the acquiring 18 agency does not adopt such a resolution within sixty 19 days after receipt of the petition, the acquiring 20 agency is deemed to have offered the property for sale 21 to the prior owner. 22 3. The acquiring agency shall give written notice 23 to the owner of the right to purchase the property 24 under this section at the time damages are paid to the 25 owner. 26 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 27 of this Act, being deemed of immediate importance, 28 takes effect upon enactment. 29 Sec. ___. APPLICABILITY. This division of this Act 30 applies to projects or condemnation proceedings pending 31 or commenced on or after the effective date of this 32 division of this Act. > 33 5. Title page, line 3, after < including > by 34 inserting < effective date and > 35 6. By renumbering, redesignating, and correcting 36 internal references as necessary. 37 ______________________________ COMMITTEE ON GOVERNMENT OVERSIGHT KAUFMANN of Cedar, Chairperson -3- SF449.1316 (1) 86 md/sc 3/ 3 #5. #6.