Bill Text: IA HSB181 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the determination and challenge of eminent domain authority and proceedings and including effective date provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-26 - In Government Oversight [HSB181 Detail]
Download: Iowa-2015-HSB181-Introduced.html
House
Study
Bill
181
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
determination
and
challenge
of
eminent
1
domain
authority
and
proceedings
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1398HC
(1)
86
md/sc
H.F.
_____
Section
1.
Section
6A.24,
subsection
2,
Code
2015,
is
1
amended
to
read
as
follows:
2
2.
a.
An
acquiring
agency
that
proposes
to
acquire
property
3
by
eminent
domain
may
file
a
petition
in
district
court
seeking
4
a
determination
and
declaration
that
its
finding
of
public
use,
5
public
purpose,
or
public
improvement
necessary
to
support
6
the
taking
meets
the
definition
of
those
terms.
The
action
7
shall
be
commenced
by
the
filing
of
a
petition
identifying
all
8
property
owners
whose
property
is
proposed
to
be
acquired,
any
9
contract
purchaser
of
record
of
the
property,
and
any
tenant
10
known
to
be
occupying
the
property,
and
including
a
description
11
of
the
properties
proposed
to
be
acquired
and
a
statement
12
of
the
public
use,
public
purpose,
or
public
improvement
13
supporting
the
acquisition
of
the
property
by
eminent
domain.
14
The
original
notice
shall
be
served
as
required
by
the
rules
of
15
civil
procedure
on
each
property
owner
named
in
the
petition
16
and
on
any
contract
purchaser
of
record
of
the
property
and
17
on
any
tenant
occupying
the
property
under
a
recorded
lease.
18
Such
action
may
be
commenced
by
an
acquiring
agency
at
any
time
19
prior
to
the
filing
of
an
application
for
condemnation
pursuant
20
to
section
6B.3
.
21
b.
If
an
acquiring
agency
files
a
petition
under
paragraph
22
“a”
on
or
after
the
effective
date
of
this
Act,
all
other
23
pending
eminent
domain
proceedings
related
to
the
public
24
improvement
that
is
the
subject
of
the
petition,
and
for
25
which
an
application
for
condemnation
has
been
filed
under
26
section
6B.3,
shall
be
suspended
until
the
district
court’s
27
determination
and
declaration
have
been
made
and
all
applicable
28
appeals
have
concluded.
During
the
period
of
suspension,
29
all
time
limits
and
deadlines
relating
to
the
suspended
30
condemnation
proceedings
shall
be
tolled.
31
Sec.
2.
Section
6B.3A,
Code
2015,
is
amended
to
read
as
32
follows:
33
6B.3A
Challenge
by
owner.
34
1.
An
owner
of
property
described
in
an
application
for
35
-1-
LSB
1398HC
(1)
86
md/sc
1/
3
H.F.
_____
condemnation
may
bring
an
action
to
challenge
the
exercise
of
1
eminent
domain
authority
or
the
condemnation
proceedings
in
the
2
district
court
of
the
county
in
which
the
private
property
is
3
situated
as
provided
in
section
6A.24
.
4
2.
If
an
owner
challenges
the
exercise
of
eminent
domain
5
authority
or
the
condemnation
proceedings
under
subsection
6
1
on
or
after
the
effective
date
of
this
Act,
all
other
7
pending
eminent
domain
proceedings
related
to
the
public
8
improvement
that
is
the
subject
of
the
petition,
and
for
which
9
an
application
for
condemnation
has
been
filed
under
section
10
6B.3,
shall
be
suspended
until
the
challenge
and
all
applicable
11
appeals
have
concluded.
During
the
period
of
suspension,
12
all
time
limits
and
deadlines
relating
to
the
suspended
13
condemnation
proceedings
shall
be
tolled.
14
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
Current
Code
section
6A.24
authorizes
an
acquiring
agency
to
20
file
a
petition
in
district
court
seeking
a
determination
and
21
declaration
that
the
acquiring
agency’s
finding
of
public
use,
22
public
purpose,
or
public
improvement
necessary
to
support
a
23
taking
by
eminent
domain
meets
the
definition
of
those
terms.
24
Additionally,
current
Code
section
6B.3A
authorizes
an
owner
of
25
property
described
in
an
application
for
condemnation
to
bring
26
an
action
to
challenge
the
exercise
of
eminent
domain
authority
27
or
the
condemnation
proceedings
in
district
court
under
the
28
provisions
of
Code
section
6A.24.
29
This
bill
provides
that
if
an
acquiring
agency
files
a
30
petition
seeking
a
declaration
and
determination
from
the
31
district
court
or
an
owner
challenges
the
exercise
of
eminent
32
domain
authority
or
the
condemnation
proceedings
on
or
after
33
the
effective
date
of
the
bill,
all
other
pending
eminent
34
domain
proceedings
related
to
the
public
improvement
that
is
35
-2-
LSB
1398HC
(1)
86
md/sc
2/
3
H.F.
_____
the
subject
of
the
petition,
and
for
which
an
application
1
has
been
filed
under
Code
section
6B.3,
shall
be
suspended
2
until
the
district
court’s
determination
and
declaration
have
3
been
made
or
the
challenge
and
all
applicable
appeals
have
4
concluded,
as
applicable.
During
the
period
of
suspension,
5
all
time
limits
and
deadlines
relating
to
the
suspended
6
condemnation
proceedings
shall
be
tolled.
7
The
bill
takes
effect
upon
enactment.
8
-3-
LSB
1398HC
(1)
86
md/sc
3/
3
