H.F. 2305 Section 1. Section 306.23, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. This section does not apply to the sale 3 of property identified in subsection 1 if the property has been 4 subdivided or if more than five years have elapsed since the 5 property was acquired by the agency. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, when a tract, parcel, or piece of land, 10 or part thereof, that is unused right-of-way is offered for 11 sale by a governmental body that exercises jurisdiction over 12 the road, Code section 306.23 establishes a preference for 13 purchasers who were the owner of the property at the time 14 it was originally purchased or condemned, and for purchasers 15 who are present owners of adjacent land from which the 16 tract, parcel, piece of land, or part thereof, was originally 17 purchased or condemned for highway purposes. 18 This bill specifies that the statutory preference for 19 those purchasers does not apply to the sale of such unused 20 right-of-way property if the property has been subdivided or 21 if more than five years have elapsed since the property was 22 acquired by the agency. 23 -1- LSB 5820YH (3) 86 md/sc 1/ 1