Senate
File
426
-
Introduced
SENATE
FILE
426
BY
KLIMESH
A
BILL
FOR
An
Act
relating
to
the
acquisition
of
title
to
abandoned
1
property
in
the
unincorporated
area
of
a
county.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
448.13,
Code
2021,
is
amended
to
read
as
1
follows:
2
448.13
Cancellation
of
tax
sale
and
certificate
of
purchase
3
——
refund
of
purchase
money.
4
If
the
county
treasurer
receives
a
verified
statement
from
a
5
city
or
county
stating
that
a
parcel
sold
at
tax
sale
contains
6
a
building
which
that
is
abandoned,
as
those
terms
are
defined
7
in
section
657A.1
,
prior
to
redemption
of
the
parcel
under
8
chapter
447
or
the
issuance
of
a
tax
deed
for
the
parcel,
and
9
the
verified
statement
is
accompanied
by
a
petition
filed
by
10
the
city
or
county
under
section
657A.10B
for
title
to
the
11
parcel,
the
county
treasurer
shall
make
an
entry
in
the
county
12
system
canceling
the
sale
of
the
parcel
and
shall
refund
the
13
purchase
money
to
the
tax
sale
certificate
holder.
14
Sec.
2.
Section
657A.10B,
Code
2021,
is
amended
to
read
as
15
follows:
16
657A.10B
Petition
by
city
or
county
for
title
to
abandoned
17
property.
18
1.
For
purposes
of
this
section,
when
referring
to
the
19
location
of
an
abandoned
building,
“county”
means
only
the
area
20
of
the
county
located
outside
the
limits
of
a
city.
21
1.
2.
a.
In
lieu
of
the
procedures
in
sections
657A.1A
22
through
657A.10
and
657A.10A
,
a
city
or
county
in
which
a
23
building
that
has
been
abandoned
for
at
least
six
consecutive
24
months
is
located
may
petition
the
court
to
enter
judgment
25
awarding
title
to
the
abandoned
property
to
the
city
or
county
.
26
A
petition
filed
under
this
section
shall
include
the
legal
27
description
of
the
abandoned
property.
If
more
than
one
28
abandoned
building
is
located
on
a
parcel
of
real
estate,
the
29
city
or
county
may
combine
the
actions
into
one
petition.
30
The
owner
of
the
building
and
grounds,
mortgagees
of
record,
31
lienholders
of
record,
or
other
known
persons
who
hold
an
32
interest
in
the
property
shall
be
named
as
respondents
on
the
33
petition.
34
b.
The
petition
shall
be
filed
in
the
district
court
of
the
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county
in
which
the
property
is
located.
Service
on
the
owner
1
and
any
other
named
respondents
shall
be
by
personal
service
or
2
certified
mail
or,
if
service
cannot
be
made
by
either
method,
3
by
posting
the
notice
in
a
conspicuous
place
on
the
building
4
and
by
publication
in
a
newspaper
of
general
circulation
in
the
5
city
or
county
.
The
notice
shall
include
a
statement
of
the
6
city’s
or
county’s
intended
use
of
the
property
or
purpose
for
7
acquiring
the
property.
The
action
shall
be
in
equity.
8
c.
A
county
shall
not
petition
to
acquire
title
to
any
9
property
under
this
section
if
the
property
is
larger
than
two
10
and
one-half
acres.
11
d.
A
county
shall
not
petition
to
acquire
title
to
a
12
property
under
this
section
unless
the
county
submits
to
the
13
court
a
plan
to
transfer
title
to
the
property
to
another
14
entity
no
more
than
eighteen
months
after
the
court
enters
15
judgment
and
order
awarding
title
to
the
county
under
this
16
section.
17
2.
3.
Not
sooner
than
sixty
days
after
the
filing
of
the
18
petition,
the
city
or
county
may
request
a
hearing
on
the
19
petition.
20
3.
4.
In
determining
whether
a
property
has
been
abandoned,
21
the
court
shall
consider
the
following
for
each
building
that
22
is
located
on
the
property
and
named
in
the
petition
and
the
23
building
grounds:
24
a.
Whether
any
property
taxes
or
special
assessments
on
the
25
property
were
delinquent
at
the
time
the
petition
was
filed.
26
b.
Whether
any
utilities
are
currently
being
provided
to
27
the
property.
28
c.
Whether
the
building
is
unoccupied
by
the
owner
or
29
lessees
or
licensees
of
the
owner.
30
d.
Whether
the
building
meets
the
city’s
or
county’s
housing
31
code
as
being
fit
for
human
habitation,
occupancy,
or
use.
32
e.
Whether
the
building
meets
the
city’s
or
county’s
33
building
code
as
being
fit
for
occupancy
or
use.
34
f.
Whether
the
building
is
exposed
to
the
elements
such
that
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deterioration
of
the
building
is
occurring.
1
g.
Whether
the
building
is
boarded
up
or
otherwise
secured
2
from
unauthorized
entry.
3
h.
Past
efforts
to
rehabilitate
the
building
and
grounds.
4
i.
Whether
those
claiming
an
interest
in
the
property
have,
5
prior
to
the
filing
of
the
petition,
demonstrated
a
good-faith
6
effort
to
restore
the
property
to
productive
use.
7
j.
The
presence
of
vermin,
accumulation
of
debris,
and
uncut
8
vegetation.
9
k.
The
effort
expended
by
the
petitioning
city
or
county
to
10
maintain
the
building
and
grounds.
11
l.
Past
and
current
compliance
with
orders
of
the
local
12
housing
or
building
code
official.
13
m.
Any
other
evidence
the
court
deems
relevant.
14
4.
5.
In
lieu
of
the
considerations
in
subsection
3,
4,
if
15
the
city
or
county
can
establish
to
the
court’s
satisfaction
16
that
all
parties
with
an
interest
in
the
property
have
received
17
proper
notice
and
either
consented
to
the
entry
of
an
order
18
awarding
title
to
the
property
to
the
city
or
county
or
did
19
not
make
a
good-faith
effort
to
comply
with
the
order
of
the
20
local
housing
or
building
code
official
within
sixty
days
after
21
the
filing
of
the
petition,
the
court
shall
enter
judgment
22
against
the
respondents
granting
the
city
or
county
title
to
23
the
property.
24
5.
6.
a.
If
the
court
determines
that
the
property
has
25
been
abandoned
or
that
subsection
4
5
applies,
the
court
shall
26
enter
judgment
and
order
awarding
title
to
the
city
or
county
.
27
The
title
awarded
to
the
city
or
county
shall
be
free
and
clear
28
of
any
claims,
liens,
or
encumbrances
held
by
the
respondents.
29
b.
If
the
court
enters
judgment
and
order
awarding
title
30
to
a
county,
the
court
shall
enforce
the
county’s
plan
under
31
subsection
2
to
transfer
title
to
the
property
to
another
32
entity
no
more
than
eighteen
months
after
the
court’s
judgment
33
and
order.
34
6.
7.
If
a
city
or
county
files
a
petition
under
subsection
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1
2
,
naming
the
holder
of
a
tax
sale
certificate
of
purchase
1
for
the
property
as
a
respondent,
the
city
or
county
shall
also
2
file
the
petition,
along
with
a
verified
statement
declaring
3
that
the
property
identified
in
the
petition
contains
an
4
abandoned
building,
with
the
county
treasurer.
Upon
receiving
5
the
petition
and
verified
statement,
the
county
treasurer
shall
6
make
an
entry
in
the
county
system
canceling
the
sale
of
the
7
property
and
shall
refund
the
purchase
money
to
the
tax
sale
8
certificate
holder.
9
8.
This
section
does
not
apply
to
a
house,
barn,
10
outbuilding,
or
structure
located
on
agricultural
land
outside
11
the
limits
of
a
city.
For
purposes
of
this
subsection,
12
“agricultural
land”
means
land
suitable
for
use
in
farming.
For
13
purposes
of
this
subsection,
“farming”
means
the
cultivation
of
14
land
for
the
production
of
agricultural
crops,
the
production
15
of
fruit
or
other
horticultural
crops,
grazing,
or
the
16
production
of
livestock.
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
the
acquisition
of
title
to
abandoned
21
property
in
the
unincorporated
area
of
a
county.
Current
law
22
provides
a
process
for
a
city
to
petition
a
district
court
to
23
enter
judgment
awarding
title
to
abandoned
property
in
the
city
24
to
the
city
when
the
property
has
been
abandoned
for
at
least
25
six
months.
The
bill
authorizes
a
county
to
follow
the
same
26
process
for
property
located
outside
of
the
limits
of
a
city
if
27
the
property
is
no
larger
than
2.5
acres.
28
The
bill
requires
a
city
or
county
petitioning
to
acquire
29
title
to
an
abandoned
property
to
include
in
a
notice
made
to
30
an
owner,
other
named
respondents,
or
the
public
a
statement
31
of
the
city’s
or
county’s
intended
use
of
the
property
or
32
purpose
for
acquiring
the
property.
The
bill
requires
a
county
33
petitioning
to
acquire
title
to
an
abandoned
property
under
the
34
bill
to
submit
to
the
court
a
plan
to
transfer
title
to
the
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property
to
another
entity
no
more
than
18
months
after
the
1
court’s
judgment
and
order
awarding
title
to
the
property,
and
2
the
court
shall
enforce
such
plan
upon
entering
the
judgment
3
and
order.
4
The
bill
does
not
apply
to
a
house,
barn,
outbuilding,
or
5
structure
located
on
agricultural
land
outside
the
limits
of
6
a
city.
The
bill
defines
the
terms
“county”,
“agricultural
7
land”,
and
“farming”.
The
bill
makes
conforming
changes
8
relating
to
the
cancellation
of
a
tax
sale
certificate
for
an
9
abandoned
property
for
which
a
city
or
county
has
acquired
10
title.
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