House Study Bill 183 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to requirements for acquiring agencies prior 1 to initiating condemnation proceedings and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1397HC (1) 86 md/sc

H.F. _____ Section 1. Section 6B.2C, Code 2015, is amended to read as 1 follows: 2 6B.2C Approval of the public improvement. 3 The authority to condemn is not conferred, and the 4 condemnation proceedings shall not commence, unless the 5 governing body for the acquiring agency approves the use of 6 condemnation , acquires all necessary permits that can be 7 acquired prior to the commencement of condemnation proceedings 8 and files applications for all necessary permits that can 9 be applied for prior to the commencement of condemnation 10 proceedings, and there is a reasonable expectation the 11 applicant will be able to achieve its public purpose, comply 12 with all applicable standards, and obtain the necessary permits 13 not already acquired by the acquiring agency . 14 Sec. 2. APPLICABILITY. This Act applies to applications for 15 condemnation pursuant to section 6B.3 filed on or after July 16 1, 2015. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 Current Code section 6B.2C provides that the authority 21 to condemn is not conferred upon an acquiring agency, and 22 the condemnation proceedings shall not commence, unless the 23 governing body for the acquiring agency approves the use 24 of condemnation and there is a reasonable expectation the 25 applicant will be able to achieve its public purpose, comply 26 with all applicable standards, and obtain the necessary 27 permits. 28 This bill modifies the portion of that provision relating 29 to permits by requiring the acquiring agency to acquire 30 all necessary permits that can be acquired prior to the 31 commencement of condemnation proceedings and file applications 32 for all necessary permits that can be applied for prior to the 33 commencement of condemnation proceedings. 34 The bill applies to applications for condemnation filed on 35 -1- LSB 1397HC (1) 86 md/sc 1/ 2

H.F. _____ or after July 1, 2015. 1 -2- LSB 1397HC (1) 86 md/sc 2/ 2