Print
Senate File 470 - IntroducedA Bill ForAn Act 1allowing a landowner of agricultural land to obtain
2relief from a government body for its use of adjacent real
3property.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 6C.1 Definitions.
2As used in this section, unless the context otherwise
3requires:
41. “Agricultural land” means the same as defined in section
56A.21.
62. “Agricultural landowner” or “landowner” means a person
7listed on the tax assessment rolls as responsible for the
8payment of real estate taxes imposed on agricultural land.
93. “Government body” means an agency as defined in section
1017A.2, or any political subdivision of the state, authorized to
11hold an interest in and control the use of real property.
124. “Government-held land” means any real property in which
13a government body has acquired a legal or equitable interest,
14regardless of whether the acquisition was by purchase,
15exchange, condemnation, gift, or otherwise, if the government
16body controls the use of such real property.
17 Sec. 2. NEW SECTION. 6C.2 Applicable procedures.
18Chapter 6B applies to this chapter to the extent it is
19applicable and consistent with this chapter’s provisions.
20 Sec. 3. NEW SECTION. 6C.3 Use of real property held by a
21government body.
221. A government body shall not use government-held land in
23a manner that does any of the following:
24a. Severs or restricts the agricultural landowner’s access
25to the landowner’s agricultural land, unless the landowner
26is granted an equivalent alternative access or receives
27compensatory damages.
28b. Diminishes the fair market value of the agricultural
29land, unless the agricultural landowner receives compensatory
30damages.
312. Compensatory damages shall be calculated by determining
32the diminution in the fair market value of the agricultural
33land proximately caused by the government body’s use of the
34government-held land. Fair market value is deemed to equal the
35price that a buyer who is willing but not compelled to buy and
-1-1a seller who is willing but not compelled to sell would accept
2for the agricultural land. An agricultural landowner’s share
3of any compensatory property damages shall be based on the
4landowner’s share of the interest in the agricultural land.
53. This section does not apply to a landowner whose legal or
6equitable interest in agricultural land was acquired after the
7government body’s use of its government-held land so long as
8the government’s use has not significantly changed.
9 Sec. 4. NEW SECTION. 6C.4 Petition for redress.
101. An agricultural landowner whose agricultural land is
11adjacent to government-held land, and is negatively affected by
12the government body’s use of its land, may file a petition for
13redress with the board of supervisors of any county where the
14government-held land and the landowner’s adjoining agricultural
15land are located. If the county board of supervisors is a
16party to the matters in controversy, the agricultural landowner
17may file the petition for redress with the board of supervisors
18in an adjoining county. If more than one agricultural
19landowner petitions the county board of supervisors, the county
20board of supervisors shall consolidate the petitions.
212. The board of supervisors by resolution shall approve
22the petition, unless the board of supervisors determines that
23the petition is fraudulent, erroneous, or frivolous. Within
24forty-five days after the county board of supervisors adopts
25the resolution approving the petition, the agricultural
26landowner must commence the proceeding by filing an application
27with the chief judge of the judicial district of the county
28requesting the appointment of five compensation commissioners
29to decide the matters in controversy. The compensation
30commissioners shall include two independent appraisers and
31three owners of agricultural land located in the same county
32where the government-held land and adjoining agricultural
33property are located.
343. The application shall contain the following:
35a. The name and address of the agricultural landowner and a
-2-1description of the agricultural land.
2b. The name and address of the government body and a
3description of the government-held land.
4c. A description of all matters in controversy and all
5remedies sought by the agricultural landowner, including that
6the agricultural landowner be provided any of the following:
7(1) Equivalent alternative access to the landowner’s
8agricultural land.
9(2) An award of compensatory damages for the agricultural
10land diminution in value.
11 Sec. 5. NEW SECTION. 6C.5 Commissioners determination.
121. a. The commissioners shall provide notice to the parties
13stating all of following:
14(1) The name and address of the agricultural landowner and
15government body involved in the proceeding.
16(2) A description of the agricultural land and
17government-held land subject to the proceeding.
18(3) A description of each matter in controversy alleged in
19the application and the remedies sought.
20(4) The date, time, and place when the commissioners will
21inspect the government-held land and the adjacent agricultural
22land.
23b. The notice shall be delivered to the parties in the same
24manner provided by the Iowa rules of civil procedure for the
25personal service of original notice.
262. The commissioners shall inspect the government-held
27land and adjacent agricultural land on the date and at the
28time provided in the notice. The commissioners shall render a
29decision answering each matter in controversy alleged in the
30application. The decision may include an order requiring the
31government body to grant the agricultural landowner access
32to the agricultural land or award the landowner compensatory
33damages based on the land’s diminution of value.
343. The commissioners shall order the sheriff to provide
35written notice of the commissioners’ decision to the parties
-3-1by personal delivery, in the manner provided by the Iowa
2rules of civil procedure for the personal service of original
3notice, or by certified mail, return receipt requested. The
4notice shall include findings of fact and conclusions of law,
5separately stated; any order issued by the commissioners; and a
6description of the right of a party to appeal the decision.
74. A decision rendered by the commissioners is final
8unless appealed to the district court having jurisdiction
9in the county where the government-held land and adjoining
10agricultural land are located. A party must file an appeal
11within ninety days from the date that the commissioners’
12decision is rendered. The appeal to district court shall be
13triable de novo.
145. A commissioner shall receive a per diem of fifty dollars
15and actual and necessary expenses incurred in the performance
16of official duties which shall be paid by the county.
176. The costs of the proceeding shall be paid by the parties
18to the county. However, the government body shall pay all
19actual and reasonable costs incurred by the agricultural
20landowner and the landowner’s reasonable attorney fees as
21determined by the commissioners if the amount of damages
22awarded by the commissioners exceed seventy percent of the
23amount of damages alleged in the application. The government
24body shall also pay all costs of the appeal, including the
25agricultural landowner’s actual and reasonable attorney fees to
26be taxed as court costs, unless at trial or on further appeal,
27the same or a lesser amount of damages is awarded by a court
28than was awarded by the commissioners.
297. For any proceeding or appeal to district court, the
30burden of proof shall be on the government body and the
31standard of proof shall be by a preponderance of the evidence.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to cases in which land is held by a
-4-1government body (a state agency or political subdivision)
2and the government body’s use of such land may negatively
3affect adjoining agricultural land. The government body’s use
4of government-held land could involve interfering with the
5agricultural landowner’s access to the agricultural land or a
6diminution of the fair market value of the agricultural land.
7The agricultural landowner may commence a proceeding to obtain
8relief by filing a petition for redress with a county board
9of supervisors. The county board of supervisors must approve
10the appointment of five commissioners by the chief judge of
11the judicial district for that county. The commissioners must
12inspect the land held by both parties and make a decision which
13may include an order requiring the government body to grant
14the agricultural landowner access to the agricultural land or
15award the landowner compensatory damages. The decision is
16final unless appealed to the district court. The bill provides
17that the government body shall pay costs of the proceeding,
18including the agricultural landowner’s attorney fees, if the
19amount of damages awarded exceed 70 percent of the amount of
20damages claimed by the agricultural landowner. The government
21body must also pay the costs of the appeal, including attorney
22fees unless the district court at trial or a court on further
23appeal awards the same or a lesser amount of damages.
-5-da/rn
2relief from a government body for its use of adjacent real
3property.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 6C.1 Definitions.
2As used in this section, unless the context otherwise
3requires:
41. “Agricultural land” means the same as defined in section
56A.21.
62. “Agricultural landowner” or “landowner” means a person
7listed on the tax assessment rolls as responsible for the
8payment of real estate taxes imposed on agricultural land.
93. “Government body” means an agency as defined in section
1017A.2, or any political subdivision of the state, authorized to
11hold an interest in and control the use of real property.
124. “Government-held land” means any real property in which
13a government body has acquired a legal or equitable interest,
14regardless of whether the acquisition was by purchase,
15exchange, condemnation, gift, or otherwise, if the government
16body controls the use of such real property.
17 Sec. 2. NEW SECTION. 6C.2 Applicable procedures.
18Chapter 6B applies to this chapter to the extent it is
19applicable and consistent with this chapter’s provisions.
20 Sec. 3. NEW SECTION. 6C.3 Use of real property held by a
21government body.
221. A government body shall not use government-held land in
23a manner that does any of the following:
24a. Severs or restricts the agricultural landowner’s access
25to the landowner’s agricultural land, unless the landowner
26is granted an equivalent alternative access or receives
27compensatory damages.
28b. Diminishes the fair market value of the agricultural
29land, unless the agricultural landowner receives compensatory
30damages.
312. Compensatory damages shall be calculated by determining
32the diminution in the fair market value of the agricultural
33land proximately caused by the government body’s use of the
34government-held land. Fair market value is deemed to equal the
35price that a buyer who is willing but not compelled to buy and
-1-1a seller who is willing but not compelled to sell would accept
2for the agricultural land. An agricultural landowner’s share
3of any compensatory property damages shall be based on the
4landowner’s share of the interest in the agricultural land.
53. This section does not apply to a landowner whose legal or
6equitable interest in agricultural land was acquired after the
7government body’s use of its government-held land so long as
8the government’s use has not significantly changed.
9 Sec. 4. NEW SECTION. 6C.4 Petition for redress.
101. An agricultural landowner whose agricultural land is
11adjacent to government-held land, and is negatively affected by
12the government body’s use of its land, may file a petition for
13redress with the board of supervisors of any county where the
14government-held land and the landowner’s adjoining agricultural
15land are located. If the county board of supervisors is a
16party to the matters in controversy, the agricultural landowner
17may file the petition for redress with the board of supervisors
18in an adjoining county. If more than one agricultural
19landowner petitions the county board of supervisors, the county
20board of supervisors shall consolidate the petitions.
212. The board of supervisors by resolution shall approve
22the petition, unless the board of supervisors determines that
23the petition is fraudulent, erroneous, or frivolous. Within
24forty-five days after the county board of supervisors adopts
25the resolution approving the petition, the agricultural
26landowner must commence the proceeding by filing an application
27with the chief judge of the judicial district of the county
28requesting the appointment of five compensation commissioners
29to decide the matters in controversy. The compensation
30commissioners shall include two independent appraisers and
31three owners of agricultural land located in the same county
32where the government-held land and adjoining agricultural
33property are located.
343. The application shall contain the following:
35a. The name and address of the agricultural landowner and a
-2-1description of the agricultural land.
2b. The name and address of the government body and a
3description of the government-held land.
4c. A description of all matters in controversy and all
5remedies sought by the agricultural landowner, including that
6the agricultural landowner be provided any of the following:
7(1) Equivalent alternative access to the landowner’s
8agricultural land.
9(2) An award of compensatory damages for the agricultural
10land diminution in value.
11 Sec. 5. NEW SECTION. 6C.5 Commissioners determination.
121. a. The commissioners shall provide notice to the parties
13stating all of following:
14(1) The name and address of the agricultural landowner and
15government body involved in the proceeding.
16(2) A description of the agricultural land and
17government-held land subject to the proceeding.
18(3) A description of each matter in controversy alleged in
19the application and the remedies sought.
20(4) The date, time, and place when the commissioners will
21inspect the government-held land and the adjacent agricultural
22land.
23b. The notice shall be delivered to the parties in the same
24manner provided by the Iowa rules of civil procedure for the
25personal service of original notice.
262. The commissioners shall inspect the government-held
27land and adjacent agricultural land on the date and at the
28time provided in the notice. The commissioners shall render a
29decision answering each matter in controversy alleged in the
30application. The decision may include an order requiring the
31government body to grant the agricultural landowner access
32to the agricultural land or award the landowner compensatory
33damages based on the land’s diminution of value.
343. The commissioners shall order the sheriff to provide
35written notice of the commissioners’ decision to the parties
-3-1by personal delivery, in the manner provided by the Iowa
2rules of civil procedure for the personal service of original
3notice, or by certified mail, return receipt requested. The
4notice shall include findings of fact and conclusions of law,
5separately stated; any order issued by the commissioners; and a
6description of the right of a party to appeal the decision.
74. A decision rendered by the commissioners is final
8unless appealed to the district court having jurisdiction
9in the county where the government-held land and adjoining
10agricultural land are located. A party must file an appeal
11within ninety days from the date that the commissioners’
12decision is rendered. The appeal to district court shall be
13triable de novo.
145. A commissioner shall receive a per diem of fifty dollars
15and actual and necessary expenses incurred in the performance
16of official duties which shall be paid by the county.
176. The costs of the proceeding shall be paid by the parties
18to the county. However, the government body shall pay all
19actual and reasonable costs incurred by the agricultural
20landowner and the landowner’s reasonable attorney fees as
21determined by the commissioners if the amount of damages
22awarded by the commissioners exceed seventy percent of the
23amount of damages alleged in the application. The government
24body shall also pay all costs of the appeal, including the
25agricultural landowner’s actual and reasonable attorney fees to
26be taxed as court costs, unless at trial or on further appeal,
27the same or a lesser amount of damages is awarded by a court
28than was awarded by the commissioners.
297. For any proceeding or appeal to district court, the
30burden of proof shall be on the government body and the
31standard of proof shall be by a preponderance of the evidence.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to cases in which land is held by a
-4-1government body (a state agency or political subdivision)
2and the government body’s use of such land may negatively
3affect adjoining agricultural land. The government body’s use
4of government-held land could involve interfering with the
5agricultural landowner’s access to the agricultural land or a
6diminution of the fair market value of the agricultural land.
7The agricultural landowner may commence a proceeding to obtain
8relief by filing a petition for redress with a county board
9of supervisors. The county board of supervisors must approve
10the appointment of five commissioners by the chief judge of
11the judicial district for that county. The commissioners must
12inspect the land held by both parties and make a decision which
13may include an order requiring the government body to grant
14the agricultural landowner access to the agricultural land or
15award the landowner compensatory damages. The decision is
16final unless appealed to the district court. The bill provides
17that the government body shall pay costs of the proceeding,
18including the agricultural landowner’s attorney fees, if the
19amount of damages awarded exceed 70 percent of the amount of
20damages claimed by the agricultural landowner. The government
21body must also pay the costs of the appeal, including attorney
22fees unless the district court at trial or a court on further
23appeal awards the same or a lesser amount of damages.
-5-da/rn