Senate File 415 - Reprinted
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1301)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the acquisition of title to disaster-affected
2 abandoned property by cities in certain years.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 SF 415
5 md/sc/jh/26
PAG LIN
1 1 Section 1. PETITION BY CITY FOR TITLE TO DISASTER=AFFECTED
1 2 ABANDONED PROPERTY.
1 3 1. In lieu of the procedures in sections 657A.2 through
1 4 657A.10A, a city in which a disaster=affected abandoned
1 5 building is located may petition the court to enter judgment
1 6 awarding title to the disaster=affected abandoned property to
1 7 the city. For the purposes of this section,
1 8 "disaster=affected abandoned building" means a building that
1 9 is abandoned as defined in section 657A.1, and the land the
1 10 building is located on, that was damaged by a disaster as
1 11 defined in section 29C.2 between May 1, 2008, and September 1,
1 12 2008, that is located in an area for which the governor
1 13 proclaimed a state of disaster emergency during 2008, that
1 14 constitutes a public nuisance, and that is not feasible to
1 15 rehabilitate.
1 16 2. At least thirty days prior to filing a petition for
1 17 title to disaster=affected abandoned property under this
1 18 section, the city shall attempt to notify the owner of the
1 19 property of the city's intent to acquire the property. The
1 20 city shall mail the notice by certified mail to the owner at
1 21 the owner's last known address, to any contract purchaser of
1 22 record of the property, to any tenant known to be occupying
1 23 the property, and to any record lienholder or encumbrancer of
1 24 the property at the lienholder's or encumbrancer's last known
1 25 address. The city shall also cause the notice to be posted in
1 26 a conspicuous place on the building.
1 27 3. a. If more than one disaster=affected abandoned
1 28 building is located on a parcel of real estate, the city may
1 29 combine the actions into one petition. The owner of the
1 30 building and land, mortgagees of record, lienholders or
1 31 encumbrancers of record, the county in which the property is
1 32 located if delinquent property taxes are owing, the holder of
1 33 tax sale certificates, and other known persons who hold an
1 34 interest in the property shall be named as respondents on the
1 35 petition.
2 1 b. The petition shall be filed in the district court of
2 2 the county in which the property is located. A petition under
2 3 this section shall be filed not later than December 31, 2010.
2 4 The action shall be in equity.
2 5 4. a. Service on the owner and any other named
2 6 respondents shall be by certified mail. The petition shall be
2 7 mailed to each respondent at the respondent's last known
2 8 address as reflected in county records. The city shall also
2 9 cause the petition to be published once in a newspaper of
2 10 general circulation in the county within ten days of the
2 11 petition being filed. Service of the petition shall be deemed
2 12 complete on the date of publication.
2 13 b. In lieu of mailing and publishing the petition, the
2 14 city may cause the petition to be served upon such persons in
2 15 the manner provided by the Iowa rules of civil procedure for
2 16 the personal service of original notice.
2 17 c. In addition to notice provided under paragraph "a" or
2 18 paragraph "b", the city shall also cause notice of the
2 19 petition to be posted in a conspicuous place on the building.
2 20 5. The city shall set forth in the petition all public
2 21 nuisance conditions existing on the property, the fair market
2 22 value of the property in the property's condition existing on
2 23 the date the petition is filed as determined by an appraisal
2 24 prepared for the city, the amount of delinquent property taxes
2 25 or special assessments on the property, and evidence that the
2 26 city has attempted to provide notice under subsection 2. A
2 27 copy of the appraisal shall be attached to the petition.
2 28 6. The city may request a hearing on the petition not
2 29 sooner than sixty days after the filing of the petition.
2 30 Notice of the hearing shall be provided to all respondents in
2 31 the manner provided in subsection 4. Notice of the hearing
2 32 shall be given not less than thirty days prior to the date of
2 33 the hearing.
2 34 7. In determining whether a property is a
2 35 disaster=affected abandoned building, the court shall consider
3 1 the following for each building that is located on the
3 2 property and named in the petition and the building grounds:
3 3 a. Whether any property taxes or special assessments on
3 4 the property were delinquent at the time the petition was
3 5 filed.
3 6 b. Whether any utilities are currently being provided to
3 7 the property.
3 8 c. Whether the building is unoccupied by the owner or
3 9 lessees or licensees of the owner.
3 10 d. Whether the building meets the city's housing code for
3 11 being fit for human habitation, occupancy, or use.
3 12 e. Whether the building is exposed to the elements such
3 13 that deterioration of the building is occurring.
3 14 f. Whether the building is boarded up.
3 15 g. Past efforts to rehabilitate the building and grounds.
3 16 h. The presence of vermin, accumulation of debris, and
3 17 uncut vegetation.
3 18 i. Other public nuisance conditions existing on the
3 19 property.
3 20 j. Past and current compliance with orders of the local
3 21 housing official.
3 22 k. Any other evidence the court deems relevant.
3 23 8. In lieu of the considerations in subsection 7, if the
3 24 city can establish to the court's satisfaction that all
3 25 parties with an interest in the property have received proper
3 26 notice and consented to the entry of an order awarding title
3 27 to the property to the city, the court shall enter judgment
3 28 against the respondents granting the city title to the
3 29 property.
3 30 9. If the court determines that the property is a
3 31 disaster=affected abandoned building or that subsection 8
3 32 applies, the court shall enter judgment awarding title to the
3 33 city and shall determine an award of damages pursuant to
3 34 subsection 10. The title awarded to the city shall be free
3 35 and clear of any claims, liens, or encumbrances held by the
4 1 respondents.
4 2 10. a. If the court awards title of the property to the
4 3 city, the court shall award to the respondents the fair market
4 4 value of the property and shall give consideration to the
4 5 value of the property in its current condition.
4 6 b. The city may take possession of the property upon
4 7 deposit of the amount awarded with the clerk of the district
4 8 court. Notice of the deposit with the clerk of the district
4 9 court shall be provided to all respondents in the manner
4 10 provided in subsection 4. If the amount deposited with the
4 11 clerk of the district court is not claimed within two years of
4 12 the date of deposit, the clerk of the district court shall
4 13 transfer the money to the city for deposit in the general fund
4 14 of the city.
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