Senate File 2312 - Introduced SENATE FILE 2312 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3134) A BILL FOR An Act relating to the acquisition of real property by county 1 conservation boards and the department of natural resources. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6096SV (1) 89 js/ns
S.F. 2312 Section 1. Section 350.4, subsection 2, Code 2022, is 1 amended to read as follows: 2 2. To acquire in the name of the county by gift, purchase, 3 lease, agreement, exchange, or otherwise, in fee or with 4 conditions , and subject to section 465A.5 , suitable real 5 estate within or without the territorial limits of the county 6 for public museums, parks, preserves, parkways, playgrounds, 7 recreation centers, forests, wildlife, and other conservation 8 purposes and for participation in watershed, drainage, and 9 flood control programs for the purpose of increasing the 10 recreational resources of the county. The natural resource 11 commission, the county board of supervisors, or the governing 12 body of any city, upon request of the county conservation 13 board, may transfer to the county conservation board , for 14 use as museums, parks, preserves, parkways, playgrounds, 15 recreation centers, play fields, tennis courts, skating rinks, 16 swimming pools, gymnasiums, rooms for arts and crafts, camps 17 and meeting places, community forests, wildlife areas, and 18 other recreational purposes, any land and buildings owned or 19 controlled by the department of natural resources or the county 20 or city and not devoted or dedicated to any other inconsistent 21 public use. In acquiring or accepting land, due consideration 22 shall be given to its scenic, historic, archaeologic, 23 recreational, or other special features, and land shall not be 24 acquired or accepted unless, in the opinion of the board, it 25 is suitable or, in the case of exchange, is suitable and of 26 substantially the same value as the property exchanged from 27 the standpoint of its proposed use. An exchange of property 28 approved by the county conservation board and the board of 29 supervisors is not subject to section 331.361, subsection 2 . 30 Sec. 2. Section 455A.5, subsection 6, paragraph c, Code 31 2022, is amended to read as follows: 32 c. Approve or disapprove proposals submitted by the director 33 for the acquisition or disposal of state lands and waters 34 relating to state parks, recreational facilities, and wildlife 35 -1- LSB 6096SV (1) 89 js/ns 1/ 4
S.F. 2312 programs, submitted by the director subject to section 465A.5 . 1 Sec. 3. NEW SECTION . 465A.5 Restrictions on acquiring real 2 property. 3 1. For purposes of this section: 4 a. “Capped price” means the maximum amount a county 5 conservation board or the department may spend on a property as 6 calculated pursuant to this section. 7 b. “Department” means the department of natural resources. 8 c. “Estimated value” means the region-specific average 9 value listed in the farmland value survey for specified 10 classifications of land. 11 d. “Farmland value survey” means the Iowa land trends 12 and values survey published biannually by the realtors land 13 institute —— Iowa chapter. 14 2. When purchasing real property, all county conservation 15 boards and the department are subject to the limitations set 16 forth in this section. 17 3. In acquiring real property that meets any of the 18 following land classifications, a county conservation board 19 shall not spend more than the capped price, which shall be 20 calculated as the respective percentage applied to the higher 21 estimated value listed in the two most recently published 22 editions of the farmland value survey at the time of the 23 acquisition: 24 a. For timber and nontillable pasture, eighty percent. 25 b. For low-quality cropland, seventy-five percent. 26 c. For medium-quality cropland, seventy percent. 27 d. For high-quality cropland, sixty-five percent. 28 4. In acquiring real property that meets any of the 29 following land classifications, the department shall not spend 30 more than the capped price, which shall be calculated as the 31 respective percentage applied to the higher estimated value 32 listed in the two most recently published editions of the 33 farmland value survey at the time of the acquisition: 34 a. For timber and nontillable pasture, seventy-five percent. 35 -2- LSB 6096SV (1) 89 js/ns 2/ 4
S.F. 2312 b. For low-quality cropland, seventy percent. 1 c. For medium-quality cropland, sixty-five percent. 2 d. For high-quality cropland, sixty percent. 3 5. a. The capped price calculated in subsection 4 includes 4 all moneys provided by the department and any moneys provided 5 from a federal or other source. 6 b. (1) The capped price calculated in subsections 3 and 4 7 shall be calculated only for the portion of a parcel that is 8 purchased. 9 (2) A person who sells a parcel to the department or a 10 county conservation board for the capped price for the parcel 11 shall not consider the difference between the capped price for 12 the parcel and the farmland value survey estimated value for 13 the parcel to be deductible for determining taxable income 14 for state tax purposes. However, if the sale price is below 15 the capped price for the parcel, the person may consider 16 the difference between the sale price and the capped price 17 as deductible for determining taxable income for state tax 18 purposes. This subparagraph does not apply to a bona fide 19 donation of land made for no consideration. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the acquisition of real property by 24 county conservation boards and the department of natural 25 resources (DNR). Current law authorizes county conservation 26 boards to acquire property for public museums, parks, 27 preserves, parkways, playgrounds, recreation centers, forests, 28 wildlife, and other conservation purposes and for participation 29 in watershed, drainage, and flood control programs for the 30 purpose of increasing the recreational resources of the county. 31 With approval of the natural resource commission, DNR may 32 acquire lands and waters relating to state parks, recreational 33 facilities, and wildlife programs. 34 The bill provides spending restrictions on county 35 -3- LSB 6096SV (1) 89 js/ns 3/ 4
S.F. 2312 conservation boards and DNR when purchasing certain properties. 1 For timber, nontillable pasture, low-quality cropland, 2 medium-quality cropland, and high-quality cropland, a county 3 conservation board or DNR may only spend up to a certain 4 percentage of the property’s value as estimated by the Iowa 5 land trends and values survey published biannually by the 6 realtors land institute —— Iowa chapter. The capped price as 7 it relates to acquisitions by DNR includes all moneys provided 8 by DNR and any moneys provided from a federal or other source. 9 The capped price shall be calculated only for the portion of a 10 parcel that is purchased. 11 A person who sells a parcel to a county conservation board 12 or DNR for the capped price for the parcel shall not consider 13 the difference between the capped price for the parcel and 14 the farmland value survey estimated value for the parcel to 15 be deductible for determining taxable income for state tax 16 purposes. However, a person may consider the difference 17 between the sale price and the capped price as deductible 18 for determining taxable income for state tax purposes if the 19 sale price is below the capped price for the parcel. The bill 20 does not apply to a bona fide donation of land made for no 21 consideration. 22 -4- LSB 6096SV (1) 89 js/ns 4/ 4