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House File 2045 - IntroducedA Bill ForAn Act 1relating to certain governmental notices relating
2to eminent domain authority and urban renewal plans and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 6B.2A, subsection 1, unnumbered
2paragraph 1, Code 2022, is amended to read as follows:
3An acquiring agency shall provide written notice of a public
4hearing to each owner and any contract purchaser of record
5of agricultural land real property that may be the subject
6of condemnation. The authority under this chapter is not
7conferred and condemnation proceedings shall not begin unless
8a good faith effort is made to mail and publish the notice
9as provided in this section on the owner and any contract
10purchaser of record of the property subject to condemnation.
11The notice shall be mailed by ordinary mail, not less than
12thirty days before the date the hearing is held, to the owner
13and any contract purchaser of record of each property or
14property interest at the owner’s and contract purchaser’s last
15known address as shown in the records of the county auditor not
16less than seven days nor more than fourteen days prior to the
17date of mailing. A change in ownership of any such property
18which is not reflected in the records of the county auditor
19during the period those records are searched as above provided
20shall not affect the validity of the notice or any condemnation
21proceeding commenced on the basis of such notice. The notice
22shall be given and the public hearing held before adoption of
23the ordinance, resolution, motion, or other declaration of
24intent to fund the final site-specific design for the public
25improvement, to make the final selection of the route or site
26location for the public improvement, or to acquire or condemn,
27if necessary, all or a portion of the property or an interest
28in the property for the public improvement. If the location
29of the public improvement is changed or expanded after the
30decision has been made to proceed with the public improvement,
31a notice shall be mailed by ordinary mail no less than thirty
32days before the adoption of the ordinance, resolution, motion,
33or other declaration of intent to proceed with a change in
34the location of the public improvement to the owner and any
35contract purchaser of record of the land real property to be
-1-1acquired or condemned, if necessary, in the new location of the
2public improvement affected by the change. The mailed notice
3shall, at a minimum, include the following information:
4 Sec. 2. Section 6B.2A, subsection 2, unnumbered paragraph
51, Code 2022, is amended to read as follows:
6The acquiring agency shall cause a notice to be published
7once in a newspaper of general circulation in the county or
8city where the agricultural land real property is located.
9The notice shall be published at least four but no more than
10twenty days before the public hearing is held as referred to
11in subsection 1. The published notice shall, at a minimum,
12include the following information:
13 Sec. 3. Section 403.5, subsection 3, Code 2022, is amended
14to read as follows:
153. The local governing body shall hold a public hearing
16on an urban renewal plan after public notice thereof by
17publication in a newspaper having a general circulation in
18the area of operation of the municipality. The notice shall
19describe the time, date, place and purpose of the hearing,
20shall generally identify the urban renewal area covered by the
21plan, and shall outline the general scope of the urban renewal
22activities under consideration. A copy of the notice shall be
23sent by ordinary mail to each affected taxing entity and to
24each owner or contract purchaser of record of real property
25within the urban renewal area covered by the plan.
26 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
27importance, takes effect upon enactment.
28 Sec. 5. APPLICABILITY. The following apply to notices
29required under section 6B.2A on or after the effective date of
30this Act:
311. The section of this Act amending section 6B.2A,
32subsection 1, unnumbered paragraph 1.
332. The section of this Act amending section 6B.2A,
34subsection 2, unnumbered paragraph 1.
35 Sec. 6. APPLICABILITY. The following applies to notices
-2-1required under section 403.5 on or after the effective date of
2this Act:
3The section of this Act amending section 403.5, subsection
43.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to certain governmental notices relating
9to eminent domain authority and urban renewal plans.
10The bill extends the current mail notice and publication
11notice requirements for condemnation of agricultural land to
12condemnation of all real property under Code section 6B.2A.
13Code section 403.5, in part, governs the approval of a
14municipality’s urban renewal plan. The municipality is
15required to hold a public hearing on an urban renewal plan
16after public notice of the public hearing by publication in a
17newspaper having a general circulation in the area of operation
18of the municipality. The notice is also required to be sent
19by ordinary mail to each affected taxing entity. The bill
20requires a mailed notice to also be sent to each owner or
21contract purchaser of record of real property within the urban
22renewal area covered by the plan.
23The bill takes effect upon enactment and includes
24applicability provisions.
-3-md/jh
2to eminent domain authority and urban renewal plans and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 6B.2A, subsection 1, unnumbered
2paragraph 1, Code 2022, is amended to read as follows:
3An acquiring agency shall provide written notice of a public
4hearing to each owner and any contract purchaser of record
5of agricultural land real property that may be the subject
6of condemnation. The authority under this chapter is not
7conferred and condemnation proceedings shall not begin unless
8a good faith effort is made to mail and publish the notice
9as provided in this section on the owner and any contract
10purchaser of record of the property subject to condemnation.
11The notice shall be mailed by ordinary mail, not less than
12thirty days before the date the hearing is held, to the owner
13and any contract purchaser of record of each property or
14property interest at the owner’s and contract purchaser’s last
15known address as shown in the records of the county auditor not
16less than seven days nor more than fourteen days prior to the
17date of mailing. A change in ownership of any such property
18which is not reflected in the records of the county auditor
19during the period those records are searched as above provided
20shall not affect the validity of the notice or any condemnation
21proceeding commenced on the basis of such notice. The notice
22shall be given and the public hearing held before adoption of
23the ordinance, resolution, motion, or other declaration of
24intent to fund the final site-specific design for the public
25improvement, to make the final selection of the route or site
26location for the public improvement, or to acquire or condemn,
27if necessary, all or a portion of the property or an interest
28in the property for the public improvement. If the location
29of the public improvement is changed or expanded after the
30decision has been made to proceed with the public improvement,
31a notice shall be mailed by ordinary mail no less than thirty
32days before the adoption of the ordinance, resolution, motion,
33or other declaration of intent to proceed with a change in
34the location of the public improvement to the owner and any
35contract purchaser of record of the land real property to be
-1-1acquired or condemned, if necessary, in the new location of the
2public improvement affected by the change. The mailed notice
3shall, at a minimum, include the following information:
4 Sec. 2. Section 6B.2A, subsection 2, unnumbered paragraph
51, Code 2022, is amended to read as follows:
6The acquiring agency shall cause a notice to be published
7once in a newspaper of general circulation in the county or
8city where the agricultural land real property is located.
9The notice shall be published at least four but no more than
10twenty days before the public hearing is held as referred to
11in subsection 1. The published notice shall, at a minimum,
12include the following information:
13 Sec. 3. Section 403.5, subsection 3, Code 2022, is amended
14to read as follows:
153. The local governing body shall hold a public hearing
16on an urban renewal plan after public notice thereof by
17publication in a newspaper having a general circulation in
18the area of operation of the municipality. The notice shall
19describe the time, date, place and purpose of the hearing,
20shall generally identify the urban renewal area covered by the
21plan, and shall outline the general scope of the urban renewal
22activities under consideration. A copy of the notice shall be
23sent by ordinary mail to each affected taxing entity and to
24each owner or contract purchaser of record of real property
25within the urban renewal area covered by the plan.
26 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
27importance, takes effect upon enactment.
28 Sec. 5. APPLICABILITY. The following apply to notices
29required under section 6B.2A on or after the effective date of
30this Act:
311. The section of this Act amending section 6B.2A,
32subsection 1, unnumbered paragraph 1.
332. The section of this Act amending section 6B.2A,
34subsection 2, unnumbered paragraph 1.
35 Sec. 6. APPLICABILITY. The following applies to notices
-2-1required under section 403.5 on or after the effective date of
2this Act:
3The section of this Act amending section 403.5, subsection
43.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to certain governmental notices relating
9to eminent domain authority and urban renewal plans.
10The bill extends the current mail notice and publication
11notice requirements for condemnation of agricultural land to
12condemnation of all real property under Code section 6B.2A.
13Code section 403.5, in part, governs the approval of a
14municipality’s urban renewal plan. The municipality is
15required to hold a public hearing on an urban renewal plan
16after public notice of the public hearing by publication in a
17newspaper having a general circulation in the area of operation
18of the municipality. The notice is also required to be sent
19by ordinary mail to each affected taxing entity. The bill
20requires a mailed notice to also be sent to each owner or
21contract purchaser of record of real property within the urban
22renewal area covered by the plan.
23The bill takes effect upon enactment and includes
24applicability provisions.
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