Senate File 152 - Introduced SENATE FILE 152 BY SCHNEIDER A BILL FOR An Act relating to the procedures and requirements for 1 condemnation of property and for disposition of certain 2 condemned property and including effective date and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1147XS (3) 86 md/sc

S.F. 152 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 final 6 route or site location and design of the proposed public 7 improvement, approves the use of condemnation , and finds that 8 there is a reasonable expectation the applicant will be able 9 to achieve its public purpose, comply with all applicable 10 standards, and obtain the necessary permits. 11 Sec. 2. Section 6B.56, subsection 1, Code 2015, is amended 12 to read as follows: 13 1. If all or a portion of real property condemned pursuant 14 to this chapter is not used for the purpose stated in the 15 application filed pursuant to section 6B.3 and the acquiring 16 agency seeks to dispose of the unused real property, the 17 acquiring agency shall first offer the property for sale to 18 the prior owner of the condemned property as provided in 19 this section . If real property condemned pursuant to this 20 chapter is used for the purpose stated in the application filed 21 pursuant to section 6B.3 and the acquiring agency seeks to 22 dispose of the real property by sale to a private person or 23 entity within five years after acquisition of the property, the 24 acquiring agency shall first offer the property for sale to 25 the prior owner of the condemned property as provided in this 26 section . For purposes of this section , the prior owner of the 27 real property includes the successor in interest of the real 28 property. 29 Sec. 3. Section 6B.56A, subsection 1, Code 2015, is amended 30 to read as follows: 31 1. When five years have elapsed since property was condemned 32 and all or a portion of the property has not been used for the 33 purpose stated in the application filed pursuant to section 34 6B.3 , and the acquiring agency has not taken action to dispose 35 -1- LSB 1147XS (3) 86 md/sc 1/ 3

S.F. 152 of the unused property pursuant to section 6B.56 , the acquiring 1 agency shall, within sixty days, adopt a resolution reaffirming 2 the purpose for which the property will be used or offering the 3 property for sale to the prior owner at a price as provided in 4 section 6B.56 . If the resolution adopted approves an offer of 5 sale to the prior owner, the offer shall be made in writing 6 and mailed by certified mail to the prior owner. The prior 7 owner has one hundred eighty days after the offer is mailed to 8 purchase the property from the acquiring agency. 9 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 10 immediate importance, takes effect upon enactment. 11 Sec. 5. APPLICABILITY. The section of this Act amending 12 section 6B.2C applies to public improvement projects for which 13 an application under section 6B.3 is filed on or after the 14 effective date of this Act. 15 Sec. 6. APPLICABILITY. The sections of this Act amending 16 sections 6B.56 and 6B.56A apply to public improvement projects 17 for which an application under section 6B.3 is filed before, 18 on, or after the effective date of this Act. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to procedures and requirements for 23 condemning property and for disposing of certain condemned 24 property. 25 The bill amends Code section 6B.2C by specifying that the 26 authority to condemn property is not conferred on an acquiring 27 agency unless the governing body for the acquiring agency first 28 approves the final route or site location and design of the 29 proposed public improvement. 30 The bill also amends Code sections 6B.56 and 6B.56A 31 relating to the disposition of condemned property by an 32 acquiring agency. The bill specifies that the requirements 33 and procedures for property that has not been used for the 34 purpose stated in the condemnation application, including the 35 -2- LSB 1147XS (3) 86 md/sc 2/ 3

S.F. 152 requirement for first offering such property for sale to the 1 prior owner, also apply to any portion of the property that has 2 not been used for the purpose stated in the application. 3 The bill takes effect upon enactment. The section of the 4 bill amending Code section 6B.2C applies to public improvement 5 projects for which an application for condemnation is filed on 6 or after the effective date of the bill. 7 The sections of the bill amending Code sections 6B.56 8 and 6B.56A apply to public improvement projects for which an 9 application is filed before, on, or after the effective date 10 of the bill. 11 -3- LSB 1147XS (3) 86 md/sc 3/ 3