House File 2045 - Introduced HOUSE FILE 2045 BY FISHER A BILL FOR An Act relating to certain governmental notices relating 1 to eminent domain authority and urban renewal plans and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5649YH (3) 89 md/jh

H.F. 2045 Section 1. Section 6B.2A, subsection 1, unnumbered 1 paragraph 1, Code 2022, is amended to read as follows: 2 An acquiring agency shall provide written notice of a public 3 hearing to each owner and any contract purchaser of record 4 of agricultural land real property that may be the subject 5 of condemnation. The authority under this chapter is not 6 conferred and condemnation proceedings shall not begin unless 7 a good faith effort is made to mail and publish the notice 8 as provided in this section on the owner and any contract 9 purchaser of record of the property subject to condemnation. 10 The notice shall be mailed by ordinary mail, not less than 11 thirty days before the date the hearing is held, to the owner 12 and any contract purchaser of record of each property or 13 property interest at the owner’s and contract purchaser’s last 14 known address as shown in the records of the county auditor not 15 less than seven days nor more than fourteen days prior to the 16 date of mailing. A change in ownership of any such property 17 which is not reflected in the records of the county auditor 18 during the period those records are searched as above provided 19 shall not affect the validity of the notice or any condemnation 20 proceeding commenced on the basis of such notice. The notice 21 shall be given and the public hearing held before adoption of 22 the ordinance, resolution, motion, or other declaration of 23 intent to fund the final site-specific design for the public 24 improvement, to make the final selection of the route or site 25 location for the public improvement, or to acquire or condemn, 26 if necessary, all or a portion of the property or an interest 27 in the property for the public improvement. If the location 28 of the public improvement is changed or expanded after the 29 decision has been made to proceed with the public improvement, 30 a notice shall be mailed by ordinary mail no less than thirty 31 days before the adoption of the ordinance, resolution, motion, 32 or other declaration of intent to proceed with a change in 33 the location of the public improvement to the owner and any 34 contract purchaser of record of the land real property to be 35 -1- LSB 5649YH (3) 89 md/jh 1/ 3

H.F. 2045 acquired or condemned, if necessary, in the new location of the 1 public improvement affected by the change. The mailed notice 2 shall, at a minimum, include the following information: 3 Sec. 2. Section 6B.2A, subsection 2, unnumbered paragraph 4 1, Code 2022, is amended to read as follows: 5 The acquiring agency shall cause a notice to be published 6 once in a newspaper of general circulation in the county or 7 city where the agricultural land real property is located. 8 The notice shall be published at least four but no more than 9 twenty days before the public hearing is held as referred to 10 in subsection 1 . The published notice shall, at a minimum, 11 include the following information: 12 Sec. 3. Section 403.5, subsection 3, Code 2022, is amended 13 to read as follows: 14 3. The local governing body shall hold a public hearing 15 on an urban renewal plan after public notice thereof by 16 publication in a newspaper having a general circulation in 17 the area of operation of the municipality. The notice shall 18 describe the time, date, place and purpose of the hearing, 19 shall generally identify the urban renewal area covered by the 20 plan, and shall outline the general scope of the urban renewal 21 activities under consideration. A copy of the notice shall be 22 sent by ordinary mail to each affected taxing entity and to 23 each owner or contract purchaser of record of real property 24 within the urban renewal area covered by the plan . 25 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 26 importance, takes effect upon enactment. 27 Sec. 5. APPLICABILITY. The following apply to notices 28 required under section 6B.2A on or after the effective date of 29 this Act: 30 1. The section of this Act amending section 6B.2A, 31 subsection 1, unnumbered paragraph 1. 32 2. The section of this Act amending section 6B.2A, 33 subsection 2, unnumbered paragraph 1. 34 Sec. 6. APPLICABILITY. The following applies to notices 35 -2- LSB 5649YH (3) 89 md/jh 2/ 3

H.F. 2045 required under section 403.5 on or after the effective date of 1 this Act: 2 The section of this Act amending section 403.5, subsection 3 3. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to certain governmental notices relating 8 to eminent domain authority and urban renewal plans. 9 The bill extends the current mail notice and publication 10 notice requirements for condemnation of agricultural land to 11 condemnation of all real property under Code section 6B.2A. 12 Code section 403.5, in part, governs the approval of a 13 municipality’s urban renewal plan. The municipality is 14 required to hold a public hearing on an urban renewal plan 15 after public notice of the public hearing by publication in a 16 newspaper having a general circulation in the area of operation 17 of the municipality. The notice is also required to be sent 18 by ordinary mail to each affected taxing entity. The bill 19 requires a mailed notice to also be sent to each owner or 20 contract purchaser of record of real property within the urban 21 renewal area covered by the plan. 22 The bill takes effect upon enactment and includes 23 applicability provisions. 24 -3- LSB 5649YH (3) 89 md/jh 3/ 3