Senate File 20 



                                       SENATE FILE       
                                       BY  KREIMAN


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

                                      A BILL FOR

  1 An Act relating to condemnation of property by consent of the
  2    property owner.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1018XS 82
  5 sc/je/5

PAG LIN



  1  1    Section 1.  Section 6A.21, subsection 1, paragraph c, Code
  1  2 2007, is amended to read as follows:
  1  3    c.  "Public use" or "public purpose" or "public
  1  4 improvement" does not include the authority to condemn
  1  5 agricultural land for private development purposes unless the
  1  6 owner of the agricultural land consents to the condemnation.
  1  7    Sec. 2.  Section 6A.22, subsection 1, Code 2007, is amended
  1  8 to read as follows:
  1  9    1.  In addition to the limitations in section 6A.21, the
  1 10 authority of an acquiring agency to condemn any private
  1 11 property through eminent domain may only be exercised for a
  1 12 public purpose, public use, or public improvement.  However,
  1 13 if the owner of the property consents to the condemnation, the
  1 14 property may be condemned for any purpose.
  1 15    Sec. 3.  Section 6B.3, subsection 1, paragraph g, Code
  1 16 2007, is amended to read as follows:
  1 17    g.  A showing of the minimum amount of land necessary to
  1 18 achieve the public purpose and the amount of land to be
  1 19 acquired by condemnation for the public improvement.  Any land
  1 20 to be acquired by condemnation beyond the necessary minimum to
  1 21 complete the project shall be presumed not to be necessary for
  1 22 a public use or public purpose unless the applicant can show
  1 23 that a substantial need exists for the additional property to
  1 24 achieve the public use or public purpose, or that the land in
  1 25 question constitutes an uneconomical remnant that has little
  1 26 or no value or utility to the owner, or that the owner
  1 27 consents to the condemnation.
  1 28                           EXPLANATION
  1 29    Current law provides that government may only exercise the
  1 30 power of eminent domain if the property for which condemnation
  1 31 is sought is to be used for a public use, public purpose, or
  1 32 public improvement or if the owner of the property consents to
  1 33 the condemnation.  This bill strikes the language relating to
  1 34 consent of the owner.
  1 35 LSB 1018XS 82
  2  1 sc:nh/je/5