HSB 182 (LSB 1388HC (3) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act limiting the state’s use of moneys in the open spaces account of the resource enhancement and protection fund to acquire an interest in land by exercising the power of eminent domain and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455A.19, subsection 1, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  The department shall not acquire any interest in land using moneys allocated to the open spaces account under this paragraph “a” by exercising the power of eminent domain.
    Sec. 2.  PENDING EMINENT DOMAIN PROCEEDINGS TERMINATED.  Any proceeding commenced by the state and pending on the effective date of this Act to acquire any interest in land using moneys allocated to the open spaces account under section 455A.19, subsection 1, paragraph “a”, by exercising the power of eminent domain shall be terminated as of the effective date of this Act.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill amends provisions regarding the allocation and use of moneys from the open spaces account of the resources and protection fund. The bill prohibits the department of natural resources from using those moneys to acquire an interest in land by exercising the power of eminent domain. Any pending action to acquire an interest in such land using those moneys is terminated. The bill takes effect upon enactment.