Senate File 382 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SF 87)


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

                                      A BILL FOR

  1 An Act limiting the preference to purchase an unused right=of=
  2    way.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1733SV 81
  5 eg/sh/8

PAG LIN



  1  1    Section 1.  Section 306.23, subsections 1 and 2, Code 2005,
  1  2 are amended to read as follows:
  1  3    1.  The agency in control of a tract, parcel, or piece of
  1  4 land, or part thereof, which is unused right=of=way shall send
  1  5 by certified mail to the last known address of the present
  1  6 owner of adjacent land from which the tract, parcel, piece of
  1  7 land, or part thereof, was originally purchased or condemned
  1  8 for highway purposes, and to the person who owned the land at
  1  9 the time it was purchased or condemned for highway purposes,
  1 10 notice of the agency's intent to sell the land, the name and
  1 11 address of any other person to whom a notice was sent, and the
  1 12 fair market value of the real property based upon an appraisal
  1 13 by an independent appraiser.
  1 14    2.  The notice shall give the present owner of adjacent
  1 15 land from which the tract, parcel, piece of land, or part
  1 16 thereof, was originally purchased or condemned for highway
  1 17 purposes an opportunity to the present owner of adjacent
  1 18 property and to the person who owned the land at the time it
  1 19 was purchased or condemned for highway purposes to be heard
  1 20 and make offers within sixty days of the date the notice is
  1 21 mailed for the tract, parcel, or piece of land to be sold.  An
  1 22 offer which equals or exceeds in amount any other offer
  1 23 received and which equals or exceeds the fair market value of
  1 24 the property shall be given preference by the agency in
  1 25 control of the land.  If no offers are received within sixty
  1 26 days or if no offer equals or exceeds the fair market value of
  1 27 the land, the agency shall transfer the land for a public
  1 28 purpose or proceed with the sale of the property.
  1 29                           EXPLANATION
  1 30    This bill limits the persons having a preference to
  1 31 purchase an unused right=of=way.  The present owner of
  1 32 adjacent property has the preferential right to purchase the
  1 33 unused right=of=way.  However, under the bill, the person who
  1 34 owned the adjacent property when it was purchased or condemned
  1 35 for a right=of=way no longer has such a preference.
  2  1 LSB 1733SV 81
  2  2 eg:nh/sh/8