House File 132 - Introduced



                                       HOUSE FILE       
                                       BY  TYMESON


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

                                      A BILL FOR

  1 An Act relating to public land included in territory subject to
  2    voluntary annexation and providing an applicability date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1912HH 83
  5 md/sc/14

PAG LIN



  1  1    Section 1.  Section 368.7, subsection 1, paragraph a, Code
  1  2 2009, is amended to read as follows:
  1  3    a.  All of the owners of land in a territory adjoining a
  1  4 city may apply in writing to the council of the adjoining city
  1  5 requesting annexation of the territory.  Territory comprising
  1  6 railway right=of=way or territory comprising not more than
  1  7 twenty percent of the land area may be included in the
  1  8 application without the consent of the owner to avoid creating
  1  9 an island or to create more uniform boundaries.  Public land
  1 10 may be included in the territory to be annexed.  However, the
  1 11 area of the territory that is public land included without the
  1 12 written consent of the agency with jurisdiction over the
  1 13 public land shall not be used to determine the percentage of
  1 14 territory that is included with the consent of the owner and
  1 15 without the consent of the owner.
  1 16    Sec. 2.  APPLICABILITY.  This Act shall apply to
  1 17 applications for voluntary annexation filed on or after the
  1 18 effective date of this Act.
  1 19                           EXPLANATION
  1 20    An application for voluntary annexation may include
  1 21 territory comprised of not more than 20 percent of the land
  1 22 area without the consent of the owner to avoid creating an
  1 23 island or to create more uniform boundaries.  Public land,
  1 24 i.e., land owned by the federal government, the state, or a
  1 25 political subdivision of the state, may be annexed.
  1 26 Currently, with written consent of the agency having
  1 27 jurisdiction over the public land, the public land may be used
  1 28 to determine the percentage of territory included with the
  1 29 consent of owners and without the consent of owners.  Under
  1 30 this bill, public land cannot be used to determine such
  1 31 percentage regardless of whether the agency having
  1 32 jurisdiction over the public land consents or not.
  1 33    The bill applies to applications for voluntary annexation
  1 34 filed on or after the effective date of the bill.
  1 35 LSB 1912HH 83
  2  1 md/sc/14