Senate File 2116 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT and WIECK


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

                                      A BILL FOR

  1 An Act allowing a city to include or exclude a secondary road and
  2    its right=of=way in the land area proposed for incorporation,
  3    annexation, or severance.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5499XS 81
  6 eg/cf/24

PAG LIN



  1  1    Section 1.  Section 368.1, subsection 15, Code 2005, is
  1  2 amended to read as follows:
  1  3    15.  "Territory" means the land area or areas proposed to
  1  4 be incorporated, annexed, or severed, whether or not
  1  5 contiguous to all other areas proposed to be incorporated,
  1  6 annexed, or severed.  Except as provided for by an agreement
  1  7 pursuant to chapter 28E, "territory" having a common boundary
  1  8 with the right=of=way of a secondary road extends to the
  1  9 center line of either wholly includes or excludes the road and
  1 10 the right=of=way at the option of the city.
  1 11                           EXPLANATION
  1 12    This bill provides that when land proposed to be
  1 13 incorporated, annexed, or severed, referred to as the
  1 14 "territory", has a common boundary with the right-of-way of a
  1 15 secondary road, the city must decide whether the road and
  1 16 right=of=way are to be included in or excluded from the
  1 17 territory.  Currently, the Code provides that territory
  1 18 extends to the center line of the secondary road.
  1 19 LSB 5499XS 81
  1 20 eg:rj/cf/24