H.F. 2090 Section 1. Section 28E.6, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 5. a. If the joint board of an entity 3 created in an agreement under this chapter takes action 4 relating to the condemnation of private property, only those 5 members of the joint board who are elected officials of a 6 public agency where the private property is located may vote 7 on the issue. Actions relating to the condemnation of private 8 property require approval by a majority of members who are 9 eligible to vote. Those members of the joint board who are not 10 eligible to vote on the issue of condemnation shall be counted 11 in determining a quorum at the meeting where the issue will be 12 presented for a vote. 13 b. This subsection shall not apply if the number of members 14 eligible to vote is less than three. 15 EXPLANATION 16 This bill provides that if the joint board of an entity 17 created in an agreement under Code chapter 28E takes action 18 relating to the condemnation of private property, only those 19 members of the joint board who are elected officials of a 20 public agency where the private property is located may vote 21 on the issue. The bill provides that actions relating to the 22 condemnation of private property by a joint board require 23 approval by a majority of members who are eligible to vote. 24 Those members of the joint board who are not eligible to vote 25 on the issue of condemnation shall, however, be counted for 26 purposes of determining whether a quorum is present at the 27 meeting where the issue will be presented for a vote. The bill 28 also provides that the voting eligibility requirement does not 29 apply if application of the requirement would result in less 30 than three members of the joint board being eligible to vote. 31 -1- LSB 5080YH (10) 83 md/sc 1/ 1