Senate
Study
Bill
3115
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
scope
and
nature
of
use
restrictions
on
1
land.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
_____
Section
1.
Section
614.24,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
As
used
in
this
section,
“use
3
restrictions”
means
a
limitation
or
prohibition
on
the
rights
4
of
a
landowner
to
make
use
of
the
landowner’s
real
estate,
5
including
but
not
limited
to
limitations
or
prohibitions
6
on
commercial
uses,
rental
use,
parking
and
storage
of
7
recreational
vehicles
and
their
attachments,
ownership
8
of
pets,
outdoor
domestic
uses,
construction
and
use
of
9
accessory
structures,
building
dimensions
and
colors,
building
10
construction
materials,
and
landscaping.
A
use
restriction
11
claimed
for
purposes
of
this
section
shall
not
limit
or
12
prohibit
the
following:
13
a.
An
easement
granting
a
person
an
affirmative
right
14
to
use
land
in
the
possession
of
another
person
including
15
but
not
limited
to
an
easement
for
pedestrian
or
vehicular
16
access,
reasonable
ingress
and
egress,
solar
access,
utilities,
17
supporting
utilities,
parking
areas,
bicycle
paths,
and
water
18
flow.
19
b.
An
agreement
between
two
or
more
parcel
owners
providing
20
for
the
sharing
of
costs
and
other
obligations
for
real
21
estate
taxes,
insurance
premiums,
and
for
maintenance,
repair,
22
improvements,
services,
or
other
costs
related
to
two
or
more
23
parcels
of
real
estate
regardless
of
whether
the
parties
to
24
the
agreement
are
owners
of
individual
lots
or
incorporated
25
or
unincorporated
lots
or
have
ownership
interests
in
common
26
areas
in
a
horizontal
property
regime
or
residential
housing
27
development.
28
c.
An
agreement
between
two
or
more
parcel
owners
for
29
the
joint
use
and
maintenance
of
driveways,
party
walls,
30
landscaping,
fences,
wells,
roads,
common
areas,
waterways,
or
31
bodies
of
water.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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_____
Iowa
Code
sections
614.24
through
614.28
(known
as
the
1
“stale
uses
and
reversions
Act”)
require
the
filing
of
a
2
verified
claim
with
the
county
recorder
in
the
county
where
the
3
real
estate
is
located
within
21
years
after
the
recording
of
4
a
use
restriction
or
the
last
verified
claim
to
continue
the
5
use
restriction.
If
a
verified
claim
is
not
timely
filed,
the
6
use
restriction
becomes
unenforceable
by
operation
of
law
21
7
years
after
the
recording
of
the
last
verified
claim
of
use
8
restriction.
9
The
bill
defines
the
meaning
of
the
term
“use
restriction”
10
for
the
filing
of
a
verified
claim
to
include
but
not
be
11
limited
to
limitations
or
prohibitions
on
uses
specified
in
the
12
bill.
The
bill
also
provides
that
a
use
restriction
shall
not
13
limit
or
prohibit
easements
granting
a
person
an
affirmative
14
right
to
use
land
in
the
possession
of
another
person,
certain
15
agreements
providing
for
the
sharing
of
costs
and
other
16
obligations
for
real
estate
taxes,
insurance
premiums,
and
17
maintenance,
repair,
improvements,
services,
or
other
costs,
18
and
agreements
between
two
or
more
parcel
owners
for
the
joint
19
use
and
maintenance
of
driveways,
party
walls,
landscaping,
20
fences,
wells,
roads,
common
areas,
waterways,
or
bodies
of
21
water.
22
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