Bill Text: IA SF424 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to an action to quiet title of real property and the doctrine of adverse possession. (Formerly SSB 1094.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-01-10 - Subcommittee: Zaun, Garrett, and Taylor. S.J. 84. [SF424 Detail]

Download: Iowa-2017-SF424-Introduced.html

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Senate File 424 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1094)

                                      A BILL FOR

  1 An Act relating to an action to quiet title of real property
  2    and the doctrine of adverse possession.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1633SV (1) 87
    md/sc/jh

PAG LIN



  1  1    Section 1.  NEW SECTION.  649.9  Adverse possession action.
  1  2    1.  In an action to quiet title based upon the doctrine
  1  3 of adverse possession, a party claiming title shall prove by
  1  4 a preponderance of the evidence that the adverse possessor
  1  5 has been in hostile, actual, open, exclusive, and continuous
  1  6 possession of the real property under either claim of right
  1  7 or color of title for at least ten years and that the adverse
  1  8 possessor has paid the property taxes assessed on the real
  1  9 property for the period of possession.
  1 10    2.  For purposes of this section, "claim of right" means the
  1 11 actual occupation, use, and improvement of the property by the
  1 12 adverse possessor in such a manner as to put the titleholder of
  1 13 the real property on notice as to the adverse possessor's claim
  1 14 for possession of the real property.
  1 15    Sec. 2.  APPLICABILITY.  This Act applies to actions to quiet
  1 16 title based upon the doctrine of adverse possession commenced
  1 17 on or after July 1, 2017.
  1 18                           EXPLANATION
  1 19 The inclusion of this explanation does not constitute agreement with
  1 20 the explanation's substance by the members of the general assembly.
  1 21    This bill relates to an action to quiet title of real
  1 22 property and the doctrine of adverse possession.
  1 23    The bill provides that in an action to quiet title based
  1 24 upon the doctrine of adverse possession a party claiming title
  1 25 shall prove by a preponderance of the evidence that the adverse
  1 26 possessor has been in hostile, actual, open, exclusive, and
  1 27 continuous possession of the real property under either claim
  1 28 of right or color of title for at least 10 years and that the
  1 29 adverse possessor has paid the property taxes assessed on the
  1 30 real property for the period of possession.  For purposes of
  1 31 the bill, "claim of right" means the actual occupation, use,
  1 32 and improvement of the property by the adverse possessor in
  1 33 such a manner as to put the titleholder of the real property on
  1 34 notice as to the adverse possessor's claim for possession of
  1 35 the real property.
  2  1 The bill applies to actions to quiet title based upon the
  2  2 doctrine of adverse possession commenced on or after July 1,
  2  3 2017.
       LSB 1633SV (1) 87
       md/sc/jh