Senate File 87 - Introduced SENATE FILE BY McKINLEY 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 1733SS 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 opportunityto 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 purposesto 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 1733SS 81 2 2 eg:nh/sh/8