Senate File 434 - Reprinted





                                      SENATE FILE       
                                      BY  COMMITTEE ON LOCAL GOVERNMENT

                                      (SUCCESSOR TO SSB 1293)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to nuisance properties by requiring the indexing
  2    of certain municipal citations and petitions affecting real
  3    property.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1849SV 83
  6 md/rj/14

PAG LIN



  1  1    Section 1.  Section 364.22, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4A.  a.  Upon receiving a citation under
  1  4 subsection 4 that affects real property, the clerk of the
  1  5 district court shall index the citation pursuant to section
  1  6 617.10, if the legal description of the affected property is
  1  7 included in or attached to the citation.
  1  8    b.  After filing the citation with the clerk of the
  1  9 district court, the city may also file the citation in the
  1 10 office of the county treasurer.  Upon request of the city, the
  1 11 county treasurer shall include a notation of the pendency of
  1 12 the action in any future tax sale proceeding involving the
  1 13 property.
  1 14    Sec. 2.  Section 617.10, subsection 1, Code 2009, is
  1 15 amended to read as follows:
  1 16    1.  When a petition or municipal infraction citation
  1 17 affecting real estate is filed, the clerk of the district
  1 18 court where the petition or municipal infraction citation is
  1 19 filed shall index the petition or municipal infraction
  1 20 citation in an index book under the tract number which
  1 21 describes the property, entering in each instance the case
  1 22 number as a guide to the record of court proceedings which
  1 23 affect the real estate.  If the petition or municipal
  1 24 infraction citation is amended to include other parties or
  1 25 other lands, the amended petition or municipal infraction
  1 26 citation shall be similarly indexed.  When a final result is
  1 27 determined in the case, the result shall be indicated in the
  1 28 index book wherever indexed.
  1 29    Sec. 3.  NEW SECTION.  657.2A  INDEXING OF PETITION.
  1 30    1.  When a petition affecting real property is filed by a
  1 31 governmental entity under this chapter, the clerk of the
  1 32 district court shall index the petition pursuant to section
  1 33 617.10, if the legal description of the affected property is
  1 34 included in or attached to the petition.
  1 35    2.  After filing the petition with the clerk of the
  2  1 district court, the governmental entity may also file the
  2  2 petition in the office of the county treasurer.  Upon request
  2  3 of the governmental entity, the county treasurer shall include
  2  4 a notation of the pendency of the action in any future tax
  2  5 sale proceeding involving the property.
  2  6    Sec. 4.  NEW SECTION.  657A.12  INDEXING OF PETITION.
  2  7    1.  When a petition affecting real property is filed by a
  2  8 governmental entity under this chapter, the clerk of the
  2  9 district court shall index the petition pursuant to section
  2 10 617.10, if the legal description of the affected property is
  2 11 included in or attached to the petition.
  2 12    2.  After filing the petition with the clerk of the
  2 13 district court, the governmental entity may also file the
  2 14 petition in the office of the county treasurer.  Upon request
  2 15 of the governmental entity, the county treasurer shall include
  2 16 a notation of the pendency of the action in any future tax
  2 17 sale proceeding involving the property.
  2 18 SF 434
  2 19 md/rj/jh/26