House Study Bill 208



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON PAULSEN)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to an action to quiet title of real property and
  2    the doctrine of adverse possession.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1931HC 81
  5 rh/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  649.9  ADVERSE POSSESSION ACTION.
  1  2    1.  In an action to quiet title based upon the doctrine of
  1  3 adverse possession, a party claiming title shall prove by a
  1  4 preponderance of the evidence that the adverse possessor has
  1  5 been in hostile, actual, open, exclusive, and continuous
  1  6 possession of the real property under either claim of right or
  1  7 color of title for at least ten years and that the adverse
  1  8 possessor has paid the property taxes assessed on the real
  1  9 property for such a period.
  1 10    2.  For purposes of this section, "claim of right" means
  1 11 the actual occupation, use, and improvement of the property by
  1 12 the adverse possessor in such a manner as to put the
  1 13 titleholder of the real property on notice as to the adverse
  1 14 possessor's claim for possession of the real property.
  1 15    Sec. 2.  APPLICABILITY DATE.  This Act applies only to an
  1 16 action to quiet title based upon the doctrine of adverse
  1 17 possession commenced on or after the effective date of this
  1 18 Act.
  1 19                           EXPLANATION
  1 20    This bill relates to an action to quiet title of real
  1 21 property and the doctrine of adverse possession.
  1 22    The bill provides that, in an action to quiet title based
  1 23 upon the doctrine of adverse possession, a party claiming
  1 24 title shall prove by a preponderance of the evidence that the
  1 25 adverse possessor has been in hostile, actual, open,
  1 26 exclusive, and continuous possession of the real property
  1 27 under either claim of right or color of title for at least 10
  1 28 years and that the adverse possessor has paid the property
  1 29 taxes assessed on the real property for such a period.  For
  1 30 the purposes of this bill, "claim of right" means the actual
  1 31 occupation, use, and improvement of the property by the
  1 32 adverse possessor in such a manner as to put the titleholder
  1 33 of the real property on notice as to the adverse possessor's
  1 34 claim for possession of the real property.
  1 35    The bill applies only to an action to quiet title based
  2  1 upon the doctrine of adverse possession commenced on or after
  2  2 the effective date of the bill.
  2  3 LSB 1931HC 81
  2  4 rh:rj/sh/8