House File 2200 - Introduced
HOUSE FILE
BY HEDDENS, FOEGE, WHITAKER,
GASKILL, MILLER, SWAIM,
WESSEL=KROESCHELL, and
MURPHY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act limiting the exercise of eminent domain authority over
2 certain residential property.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5012YH 81
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PAG LIN
1 1 Section 1. NEW SECTION. 6A.22 CONDEMNATION OF CERTAIN
1 2 RESIDENTIAL PROPERTY == DEFINITIONS.
1 3 1. As used in this chapter and chapter 6B, unless the
1 4 context otherwise requires:
1 5 a. "Private development purposes" means the construction
1 6 of, or improvement related to, recreational development paid
1 7 for primarily with private funds, housing and residential
1 8 development, or commercial or industrial enterprise
1 9 development.
1 10 b. "Public use", "public purpose", or "public improvement"
1 11 does not include the authority to condemn residential property
1 12 for private development purposes unless the owner of the
1 13 residential property consents to the condemnation.
1 14 c. "Residential property" means real property which is an
1 15 owner=occupied single=family dwelling or an owner=occupied
1 16 dwelling containing no more than two single=family dwelling
1 17 units, and structures incidental or appurtenant to the
1 18 dwelling. Residential property does not include any real
1 19 property declared to be a horizontal property regime under
1 20 chapter 499B.
1 21 2. The limitation in subsection 1 on the definition of
1 22 public use, public purpose, or public improvement does not
1 23 apply to a slum area or blighted area as defined in section
1 24 403.17, or to property necessary for a municipal housing
1 25 project under chapter 403A, or to the establishment,
1 26 relocation, or improvement of a road pursuant to chapter 306,
1 27 or to the establishment of a railway under the supervision of
1 28 the department of transportation as provided in section
1 29 327C.2, or to an airport as defined in section 328.1, or to
1 30 land acquired in order to replace or mitigate land used in a
1 31 road project when federal law requires replacement or
1 32 mitigation. This limitation also does not apply to utilities
1 33 or persons under the jurisdiction of the Iowa utilities board
1 34 in the department of commerce or to any other utility
1 35 conferred the right by statute to condemn private property or
2 1 to otherwise exercise the power of eminent domain.
2 2 Sec. 2. Section 403.7, Code 2005, is amended to read as
2 3 follows:
2 4 403.7 CONDEMNATION OF PROPERTY.
2 5 A municipality shall have the right to acquire by
2 6 condemnation any interest in real property, including a fee
2 7 simple title thereto, which it may deem necessary for or in
2 8 connection with an urban renewal project under this chapter,
2 9 subject to the limitations on eminent domain authority in
2 10 chapter 6A. However, a municipality shall not condemn
2 11 agricultural land included within an economic development area
2 12 unless the owner of the agricultural land consents to
2 13 condemnation or unless the agricultural land is to be acquired
2 14 for industry as that term is defined in section 260E.2. A
2 15 municipality may shall exercise the power of eminent domain in
2 16 the manner provided in chapter 6B, and Acts amendatory to that
2 17 chapter or supplementary to that chapter, or it may exercise
2 18 the power of eminent domain in the manner now or which may be
2 19 hereafter provided by any other statutory provisions for the
2 20 exercise of the power of eminent domain. Property already
2 21 devoted to a public use may be acquired in like manner.
2 22 However, real property belonging to the state, or any
2 23 political subdivision of this state, shall not be acquired
2 24 without its consent, and real property or any right or
2 25 interest in the property owned by any public utility company,
2 26 pipeline company, railway or transportation company vested
2 27 with the right of eminent domain under the laws of this state,
2 28 shall not be acquired without the consent of the company, or
2 29 without first securing, after due notice to the company and
2 30 after hearing, a certificate authorizing condemnation of the
2 31 property from the board, commission or body having the
2 32 authority to grant a certificate authorizing condemnation. In
2 33 a condemnation proceeding, if a municipality proposes to take
2 34 a part of a lot or parcel of real property, the municipality
2 35 shall also take the remaining part of the lot or parcel if
3 1 requested by the owner.
3 2 Sec. 3. Section 403A.20, Code 2005, is amended to read as
3 3 follows:
3 4 403A.20 CONDEMNATION OF PROPERTY.
3 5 A municipality shall have the right to acquire by
3 6 condemnation any interest in real property, including a fee
3 7 simple title thereto, which it may deem necessary for or in
3 8 connection with a municipal housing project under this
3 9 chapter. A municipality may shall exercise the power of
3 10 eminent domain in the manner provided in chapter 6B, and acts
3 11 amendatory thereof or supplementary thereto, or it may
3 12 exercise the power of eminent domain in the manner now or
3 13 which may be hereafter provided by any other statutory
3 14 provisions for the exercise of the power of eminent domain.
3 15 Property already devoted to a public use may be acquired in
3 16 like manner: Provided, that no. However, real property
3 17 belonging to the state, or any political subdivision thereof,
3 18 may shall not be acquired without its consent, provided
3 19 further that no and real property or any right or interest
3 20 therein in the property owned by any public utility company,
3 21 pipeline company, railway or transportation company vested
3 22 with the right of eminent domain under the laws of this state,
3 23 shall not be acquired without the consent of such the company,
3 24 or without first securing, after due notice to such the
3 25 company and after hearing, a certificate authorizing
3 26 condemnation of such property from the board, commission or
3 27 body having the authority to grant a certificate authorizing
3 28 condemnation.
3 29 In a condemnation proceeding, if a municipality proposes to
3 30 take a part of a lot or parcel of real property, the
3 31 municipality shall also take the remaining part of the lot or
3 32 parcel if requested by the owner.
3 33 EXPLANATION
3 34 This bill provides that residential property cannot be
3 35 condemned for private development purposes. The bill defines
4 1 "residential property"; "private development purposes"; and
4 2 "public use", "public purpose", and "public improvement" in
4 3 the context of eminent domain authority over residential
4 4 property. The bill provides exceptions to the limitation on
4 5 condemnation of residential property.
4 6 The bill specifies that the authority to exercise the right
4 7 of eminent domain under the urban renewal chapter of the Code
4 8 is subject to the limitations on eminent domain authority in
4 9 Code chapter 6A, "Eminent Domain Law (Condemnation)", and the
4 10 general procedure for condemnation of property set out in Code
4 11 chapter 6B, "Procedure Under Eminent Domain".
4 12 The bill provides that a municipality seeking to exercise
4 13 the right of eminent domain for a municipal housing project is
4 14 subject to the general condemnation procedures set out in Code
4 15 chapter 6B but is not subject to the limitation on
4 16 condemnation of residential property. Also, relating to
4 17 municipal housing projects, the bill provides that if a
4 18 municipality proposes to take a part of a lot or parcel of
4 19 real property, the municipality shall also take the remaining
4 20 part of the lot or parcel if requested by the owner. The same
4 21 requirement currently applies to condemnation of property for
4 22 urban renewal purposes.
4 23 LSB 5012YH 81
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