Senate
Study
Bill
1094
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
an
action
to
quiet
title
of
real
property
1
and
the
doctrine
of
adverse
possession.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
NEW
SECTION
.
649.9
Adverse
possession
action.
1
1.
In
an
action
to
quiet
title
based
upon
the
doctrine
2
of
adverse
possession,
a
party
claiming
title
shall
prove
by
3
a
preponderance
of
the
evidence
that
the
adverse
possessor
4
has
been
in
hostile,
actual,
open,
exclusive,
and
continuous
5
possession
of
the
real
property
under
either
claim
of
right
6
or
color
of
title
for
at
least
ten
years
and
that
the
adverse
7
possessor
has
paid
the
property
taxes
assessed
on
the
real
8
property
for
the
period
of
possession.
9
2.
For
purposes
of
this
section,
“claim
of
right”
means
the
10
actual
occupation,
use,
and
improvement
of
the
property
by
the
11
adverse
possessor
in
such
a
manner
as
to
put
the
titleholder
of
12
the
real
property
on
notice
as
to
the
adverse
possessor’s
claim
13
for
possession
of
the
real
property.
14
Sec.
2.
APPLICABILITY.
This
Act
applies
to
actions
to
quiet
15
title
based
upon
the
doctrine
of
adverse
possession
commenced
16
on
or
after
July
1,
2017.
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
This
bill
relates
to
an
action
to
quiet
title
of
real
21
property
and
the
doctrine
of
adverse
possession.
22
The
bill
provides
that
in
an
action
to
quiet
title
based
23
upon
the
doctrine
of
adverse
possession
a
party
claiming
title
24
shall
prove
by
a
preponderance
of
the
evidence
that
the
adverse
25
possessor
has
been
in
hostile,
actual,
open,
exclusive,
and
26
continuous
possession
of
the
real
property
under
either
claim
27
of
right
or
color
of
title
for
at
least
10
years
and
that
the
28
adverse
possessor
has
paid
the
property
taxes
assessed
on
the
29
real
property
for
the
period
of
possession.
For
purposes
of
30
the
bill,
“claim
of
right”
means
the
actual
occupation,
use,
31
and
improvement
of
the
property
by
the
adverse
possessor
in
32
such
a
manner
as
to
put
the
titleholder
of
the
real
property
on
33
notice
as
to
the
adverse
possessor’s
claim
for
possession
of
34
the
real
property.
35
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LSB
1633XC
(1)
87
md/sc/jh
1/
2
S.F.
_____
The
bill
applies
to
actions
to
quiet
title
based
upon
the
1
doctrine
of
adverse
possession
commenced
on
or
after
July
1,
2
2017.
3
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LSB
1633XC
(1)
87
md/sc/jh
2/
2