Senate
File
2110
-
Introduced
SENATE
FILE
2110
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
3032)
(COMPANION
TO
LSB
5361HV
BY
COMMITTEE
ON
TRANSPORTATION)
A
BILL
FOR
An
Act
relating
to
notice
of
agency
sales
of
unused
highway
1
right-of-way.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5361SV
(1)
90
th/ns
S.F.
2110
Section
1.
Section
306.23,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
The
agency
in
control
of
a
tract,
parcel,
or
piece
of
3
land,
or
part
thereof,
which
is
unused
right-of-way
shall
send
4
by
certified
mail
to
the
last
known
address
of
the
present
5
owner
of
adjacent
land
from
which
the
tract,
parcel,
piece
of
6
land,
or
part
thereof,
was
originally
purchased
or
condemned
7
for
highway
purposes,
and
to
the
person
who
owned
the
land
at
8
the
time
it
was
purchased
or
condemned
for
highway
purposes,
9
notice
of
the
agency’s
intent
to
sell
the
land,
the
name
and
10
address
of
any
other
person
to
whom
a
notice
was
sent,
and
the
11
fair
market
value
of
the
real
property
based
upon
an
one
of
the
12
following:
13
a.
An
appraisal
by
an
independent
appraiser.
14
b.
A
comparable
sales
market
analysis
if
the
agency
is
15
the
department,
the
sale
is
not
a
contract
sale
under
section
16
306.22,
subsection
2,
and
the
determined
fair
market
value
is
17
fifty
thousand
dollars
or
less.
18
Sec.
2.
Section
306.23,
Code
2024,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
1A.
Notice
required
under
subsection
1
21
shall
be
hand-delivered
or
sent
by
verified
mail,
as
defined
22
in
section
578A.2.
Hand-delivered
notice
is
deemed
delivered
23
when
the
recipient
signs
an
acknowledgment
of
delivery.
Notice
24
sent
by
verified
mail
is
deemed
delivered
when
the
notice
is
25
deposited
with
the
United
States
postal
service
or
private
26
delivery
service,
and
such
notice
is
properly
addressed
with
27
postage
prepaid.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Current
law
authorizes
an
agency
in
control
of
unused
32
highway
right-of-way
to
sell
the
land.
If
the
agency
does
so,
33
the
agency
is
required
to
send
notice
of
the
agency’s
intent
34
to
sell
the
land
to
the
last
known
address
of
the
present
owner
35
-1-
LSB
5361SV
(1)
90
th/ns
1/
2
S.F.
2110
of
adjacent
land
from
which
the
land
was
originally
purchased
1
or
condemned
for
highway
purposes,
and
to
the
person
who
2
owned
the
land
at
the
time
it
was
purchased
or
condemned
for
3
highway
purposes.
The
notice
must
include
the
name
and
address
4
of
any
other
person
to
whom
a
notice
was
sent,
and
the
fair
5
market
value
of
the
real
property
based
upon
an
appraisal
by
6
an
independent
appraiser.
The
agency
must
send
such
notice
by
7
certified
mail.
8
This
bill
strikes
the
certified
mail
requirement,
and
9
instead
authorizes
required
notice
to
be
hand-delivered
or
sent
10
by
verified
mail.
Hand-delivered
notice
is
deemed
delivered
11
when
the
recipient
signs
an
acknowledgment
of
delivery,
while
12
notice
sent
by
verified
mail
is
deemed
delivered
when
the
13
notice
is
deposited
with
the
United
States
postal
service
14
(USPS)
or
private
delivery
service,
and
such
notice
is
properly
15
addressed
with
postage
prepaid.
As
used
in
the
bill,
“verified
16
mail”
means
any
method
of
mailing
offered
by
USPS
or
private
17
delivery
service
that
provides
evidence
of
the
mailing.
18
The
bill
authorizes
the
department
of
transportation
19
(DOT)
to
provide
in
the
notice
a
fair
market
value
based
on
a
20
comparable
sales
market
analysis
rather
than
an
appraisal
by
an
21
independent
appraiser
if
the
DOT
does
not
contract
for
the
sale
22
of
the
land
in
accordance
with
Code
section
306.22(2),
and
the
23
determined
fair
market
value
is
$50,000
or
less.
24
-2-
LSB
5361SV
(1)
90
th/ns
2/
2