Senate
File
320
-
Introduced
SENATE
FILE
320
BY
CHELGREN
A
BILL
FOR
An
Act
requiring
notice
of
topsoil
removal
in
real
estate
1
disclosure
statements
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2512XS
(1)
87
gh/sc
S.F.
320
Section
1.
Section
558A.4,
subsection
1,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0b.
The
disclosure
statement
shall
indicate
3
whether
topsoil
has
been
removed
from
any
part
of
the
property
4
during
the
last
twenty
years,
as
provided
in
rules
which
shall
5
be
adopted
by
the
real
estate
commission
pursuant
to
section
6
543B.9.
However,
information
relating
to
topsoil
removal
shall
7
not
be
required
in
a
disclosure
statement
for
the
transfer
of
8
agricultural
land
as
defined
in
section
6A.21.
For
purposes
of
9
this
paragraph,
“topsoil”
means
the
natural
medium
located
at
10
the
land
surface
with
favorable
characteristics
for
the
growth
11
of
vegetation.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
Pursuant
to
current
Code
chapter
558A,
a
person
interested
16
in
transferring
real
property
must
deliver
a
written
disclosure
17
statement
to
a
person
interested
in
being
transferred
the
real
18
property.
Current
law
requires
the
disclosure
statement
to
19
include
information
relating
to
the
condition
and
important
20
characteristics
of
the
property.
21
This
bill
requires
that
the
disclosure
statement
also
22
indicate
whether
topsoil,
as
defined
in
the
bill,
has
been
23
removed
from
the
property
in
the
last
20
years.
The
bill
24
exempts
disclosure
statements
prepared
for
the
transfer
of
25
agricultural
land
from
the
requirement.
26
Pursuant
to
Code
section
558A.6,
a
transferor
of
real
27
property
who
violates
the
disclosure
statement
requirements
28
shall
be
liable
for
the
amount
of
actual
damages
suffered
by
29
the
transferee,
unless
the
transferor
had
no
actual
knowledge
30
of
the
inaccuracy
or
exercised
ordinary
care
in
obtaining
31
the
information.
In
addition,
Code
section
714.8
provides
32
that
a
contract
seller
who
intentionally
provides
inaccurate
33
information
on
a
disclosure
statement
is
guilty
of
a
fraudulent
34
practice.
35
-1-
LSB
2512XS
(1)
87
gh/sc
1/
1