HF 2305 (LSB 5820YH (3) 86)

HOUSE FILE 2305

BY  BERRY

A BILL FOR

An Act relating to the sale of certain unused right-of-way property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 306.23, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  This section does not apply to the sale of property identified in subsection 1 if the property has been subdivided or if more than five years have elapsed since the property was acquired by the agency.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under current law, when a tract, parcel, or piece of land, or part thereof, that is unused right-of-way is offered for sale by a governmental body that exercises jurisdiction over the road, Code section 306.23 establishes a preference for purchasers who were the owner of the property at the time it was originally purchased or condemned, and for purchasers who are present owners of adjacent land from which the tract, parcel, piece of land, or part thereof, was originally purchased or condemned for highway purposes.
   This bill specifies that the statutory preference for those purchasers does not apply to the sale of such unused right-of-way property if the property has been subdivided or if more than five years have elapsed since the property was acquired by the agency.