Senate
Study
Bill
3134
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
BILL
BY
CHAIRPERSON
SWEENEY)
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
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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
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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
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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
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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
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