House File 2464 - Introduced



                                       HOUSE FILE       
                                       BY  KAUFMANN, TYMESON, and
                                           GRASSLEY


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

                                      A BILL FOR

  1 An Act relating to the deliberations of a compensation commission
  2    during condemnation proceedings and including an effective
  3    date provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5546YH 82
  6 sc/rj/5

PAG LIN



  1  1    Section 1.  Section 6B.14, subsection 2, Code Supplement
  1  2 2007, is amended to read as follows:
  1  3    2.  Prior to the meeting of the commission, the commission
  1  4 or a commissioner shall not communicate with the applicant,
  1  5 property owner, or tenant, or their agents, regarding the
  1  6 condemnation proceedings.  The commissioners shall meet in
  1  7 open session to view the property and to receive evidence, but
  1  8 may and shall deliberate and vote in closed open session.
  1  9    hen deliberating in closed session, the meeting is closed to
  1 10 all persons who are not commissioners except for personnel
  1 11 from the sheriff's office if such personnel is requested by
  1 12 the commission.  After deliberations commence, the commission
  1 13 and each commissioner is prohibited from communicating with
  1 14 any party to the proceeding unless such communication occurs
  1 15 in the presence of or with the consent of the property owner
  1 16 and the other parties who appeared before the commission or
  1 17 their agents.  However, if the commission is deliberating in
  1 18 closed session, and after deliberations commence the
  1 19 commission requires further information from a party or a
  1 20 witness, the commission shall notify the property owner and
  1 21 the acquiring agency that they are allowed to attend the
  1 22 meeting at which such additional information shall be provided
  1 23 but only for that period of time during which the additional
  1 24 information is being provided.  The property owner and the
  1 25 acquiring agency shall be given a reasonable opportunity to
  1 26 attend the meeting.  The commission shall keep minutes of all
  1 27 its meetings showing the date, time, and place, the members
  1 28 present, and the action taken at each meeting.  The minutes
  1 29 shall show the results of each vote taken and information
  1 30 sufficient to indicate the vote of each member present.  The
  1 31 vote of each member present shall be made public at the open
  1 32 session.  The minutes shall be public records open to public
  1 33 inspection.
  1 34    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 35 immediate importance, takes effect upon enactment.
  2  1                           EXPLANATION
  2  2    This bill provides that the compensation commission that
  2  3 meets to determine damages and appraise property in a
  2  4 condemnation proceeding shall deliberate and vote in open
  2  5 session.
  2  6    The bill takes effect upon enactment.
  2  7 LSB 5546YH 82
  2  8 sc/rj/5