SSB 3115 (LSB 5475SC (4) 85)

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 land.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.24, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  As used in this section, “use restrictions” means a limitation or prohibition on the rights of a landowner to make use of the landowner’s real estate, including but not limited to limitations or prohibitions on commercial uses, rental use, parking and storage of recreational vehicles and their attachments, ownership of pets, outdoor domestic uses, construction and use of accessory structures, building dimensions and colors, building construction materials, and landscaping. A use restriction claimed for purposes of this section shall not limit or prohibit the following:
   a.  An easement granting a person an affirmative right to use land in the possession of another person including but not limited to an easement for pedestrian or vehicular access, reasonable ingress and egress, solar access, utilities, supporting utilities, parking areas, bicycle paths, and water flow.
   b.  An agreement between two or more parcel owners providing for the sharing of costs and other obligations for real estate taxes, insurance premiums, and for maintenance, repair, improvements, services, or other costs related to two or more parcels of real estate regardless of whether the parties to the agreement are owners of individual lots or incorporated or unincorporated lots or have ownership interests in common areas in a horizontal property regime or residential housing development.
   c.  An agreement between two or more parcel owners for the joint use and maintenance of driveways, party walls, landscaping, fences, wells, roads, common areas, waterways, or bodies of water.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Iowa Code sections 614.24 through 614.28 (known as the “stale uses and reversions Act”) require the filing of a verified claim with the county recorder in the county where the real estate is located within 21 years after the recording of a use restriction or the last verified claim to continue the use restriction. If a verified claim is not timely filed, the use restriction becomes unenforceable by operation of law 21 years after the recording of the last verified claim of use restriction.
   The bill defines the meaning of the term “use restriction” for the filing of a verified claim to include but not be limited to limitations or prohibitions on uses specified in the bill. The bill also provides that a use restriction shall not limit or prohibit easements granting a person an affirmative right to use land in the possession of another person, certain agreements providing for the sharing of costs and other obligations for real estate taxes, insurance premiums, and maintenance, repair, improvements, services, or other costs, and agreements between two or more parcel owners for the joint use and maintenance of driveways, party walls, landscaping, fences, wells, roads, common areas, waterways, or bodies of water.