House Study Bill 181 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to the determination and challenge of eminent 1 domain authority and proceedings and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1398HC (1) 86 md/sc

H.F. _____ Section 1. Section 6A.24, subsection 2, Code 2015, is 1 amended to read as follows: 2 2. a. An acquiring agency that proposes to acquire property 3 by eminent domain may file a petition in district court seeking 4 a determination and declaration that its finding of public use, 5 public purpose, or public improvement necessary to support 6 the taking meets the definition of those terms. The action 7 shall be commenced by the filing of a petition identifying all 8 property owners whose property is proposed to be acquired, any 9 contract purchaser of record of the property, and any tenant 10 known to be occupying the property, and including a description 11 of the properties proposed to be acquired and a statement 12 of the public use, public purpose, or public improvement 13 supporting the acquisition of the property by eminent domain. 14 The original notice shall be served as required by the rules of 15 civil procedure on each property owner named in the petition 16 and on any contract purchaser of record of the property and 17 on any tenant occupying the property under a recorded lease. 18 Such action may be commenced by an acquiring agency at any time 19 prior to the filing of an application for condemnation pursuant 20 to section 6B.3 . 21 b. If an acquiring agency files a petition under paragraph 22 “a” on or after the effective date of this Act, all other 23 pending eminent domain proceedings related to the public 24 improvement that is the subject of the petition, and for 25 which an application for condemnation has been filed under 26 section 6B.3, shall be suspended until the district court’s 27 determination and declaration have been made and all applicable 28 appeals have concluded. During the period of suspension, 29 all time limits and deadlines relating to the suspended 30 condemnation proceedings shall be tolled. 31 Sec. 2. Section 6B.3A, Code 2015, is amended to read as 32 follows: 33 6B.3A Challenge by owner. 34 1. An owner of property described in an application for 35 -1- LSB 1398HC (1) 86 md/sc 1/ 3

H.F. _____ condemnation may bring an action to challenge the exercise of 1 eminent domain authority or the condemnation proceedings in the 2 district court of the county in which the private property is 3 situated as provided in section 6A.24 . 4 2. If an owner challenges the exercise of eminent domain 5 authority or the condemnation proceedings under subsection 6 1 on or after the effective date of this Act, all other 7 pending eminent domain proceedings related to the public 8 improvement that is the subject of the petition, and for which 9 an application for condemnation has been filed under section 10 6B.3, shall be suspended until the challenge and all applicable 11 appeals have concluded. During the period of suspension, 12 all time limits and deadlines relating to the suspended 13 condemnation proceedings shall be tolled. 14 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 15 immediate importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 Current Code section 6A.24 authorizes an acquiring agency to 20 file a petition in district court seeking a determination and 21 declaration that the acquiring agency’s finding of public use, 22 public purpose, or public improvement necessary to support a 23 taking by eminent domain meets the definition of those terms. 24 Additionally, current Code section 6B.3A authorizes an owner of 25 property described in an application for condemnation to bring 26 an action to challenge the exercise of eminent domain authority 27 or the condemnation proceedings in district court under the 28 provisions of Code section 6A.24. 29 This bill provides that if an acquiring agency files a 30 petition seeking a declaration and determination from the 31 district court or an owner challenges the exercise of eminent 32 domain authority or the condemnation proceedings on or after 33 the effective date of the bill, all other pending eminent 34 domain proceedings related to the public improvement that is 35 -2- LSB 1398HC (1) 86 md/sc 2/ 3

H.F. _____ the subject of the petition, and for which an application 1 has been filed under Code section 6B.3, shall be suspended 2 until the district court’s determination and declaration have 3 been made or the challenge and all applicable appeals have 4 concluded, as applicable. During the period of suspension, 5 all time limits and deadlines relating to the suspended 6 condemnation proceedings shall be tolled. 7 The bill takes effect upon enactment. 8 -3- LSB 1398HC (1) 86 md/sc 3/ 3