Bill Text: IA SF449 | 2015-2016 | 86th General Assembly | Introduced

---

Bill Title: A bill for an act relating to the procedures and requirements for condemnation of property and for disposition of certain condemned property and including applicability provisions. (Formerly SF 152.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-01-14 - Withdrawn. S.J. 64. [SF449 Detail]

Download: Iowa-2015-SF449-Introduced.html

---

Senate File 449 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 152)

                                      A BILL FOR

  1 An Act relating to the procedures and requirements for
  2    condemnation of property and for disposition of certain
  3    condemned property and including applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1147SV (3) 86
    md/sc

PAG LIN



  1  1    Section 1.  Section 6B.2C, Code 2015, is amended to read as
  1  2 follows:
  1  3    6B.2C  Approval of the public improvement.
  1  4    The authority to condemn is not conferred, and the
  1  5 condemnation proceedings shall not commence, unless the
  1  6 governing body for the acquiring agency approves a preliminary
  1  7 or final route or site location of the proposed public
  1  8 improvement, approves the use of condemnation, and finds that
  1  9  there is a reasonable expectation the applicant will be able
  1 10 to achieve its public purpose, comply with all applicable
  1 11 standards, and obtain the necessary permits.
  1 12    Sec. 2.  Section 6B.56, subsection 1, Code 2015, is amended
  1 13 to read as follows:
  1 14    1.  If all or a portion of real property condemned pursuant
  1 15 to this chapter is not used for the purpose stated in the
  1 16 application filed pursuant to section 6B.3 and the acquiring
  1 17 agency seeks to dispose of the unused real property, the
  1 18 acquiring agency shall first offer the unused real property for
  1 19 sale to the prior owner of the condemned property as provided
  1 20 in this section. If real property condemned pursuant to this
  1 21 chapter is used for the purpose stated in the application filed
  1 22 pursuant to section 6B.3 and the acquiring agency seeks to
  1 23 dispose of the real property by sale to a private person or
  1 24 entity within five years after acquisition of the property, the
  1 25 acquiring agency shall first offer the property for sale to
  1 26 the prior owner of the condemned property as provided in this
  1 27 section. For purposes of this section, the prior owner of the
  1 28 real property includes the successor in interest of the real
  1 29 property.
  1 30    Sec. 3.  Section 6B.56, subsection 2, paragraph a, Code 2015,
  1 31 is amended to read as follows:
  1 32    a.  Before the real property described in subsection 1
  1 33  may be offered for sale to the general public, the acquiring
  1 34 agency shall notify the prior owner of the such real property
  1 35 condemned in writing of the acquiring agency's intent to
  2  1 dispose of the real property, of the current appraised value
  2  2 of the real property to be offered for sale, and of the prior
  2  3 owner's right to purchase the real property to be offered for
  2  4 sale within sixty days from the date the notice is served
  2  5 at a price equal to the current appraised value of the real
  2  6 property to be offered for sale or the fair market value of the
  2  7 property to be offered for sale at the time it was acquired by
  2  8 the acquiring agency from the prior owner plus cleanup costs
  2  9 incurred by the acquiring agency for the property to be offered
  2 10 for sale, whichever is less. However, the current appraised
  2 11 value of the real property to be offered for sale shall be the
  2 12 purchase price to be paid by the previous owner if any other
  2 13 amount would result in a loss of federal funding for projects
  2 14 funded in whole or in part with federal funds. The notice sent
  2 15 by the acquiring agency as provided in this subsection shall
  2 16 be filed with the office of the recorder in the county in which
  2 17 the real property is located.
  2 18    Sec. 4.  Section 6B.56A, subsection 1, Code 2015, is amended
  2 19 to read as follows:
  2 20    1.  When five years have elapsed since property was condemned
  2 21 and all or a portion of the property has not been used for the
  2 22 purpose stated in the application filed pursuant to section
  2 23 6B.3, and the acquiring agency has not taken action to dispose
  2 24 of the unused property pursuant to section 6B.56, the acquiring
  2 25 agency shall, within sixty days, adopt a resolution reaffirming
  2 26 the purpose for which the property will be used or offering the
  2 27 property for sale to the prior owner at a price as provided in
  2 28 section 6B.56. If the resolution adopted approves an offer of
  2 29 sale to the prior owner, the offer shall be made in writing
  2 30 and mailed by certified mail to the prior owner. The prior
  2 31 owner has one hundred eighty days after the offer is mailed to
  2 32 purchase the property from the acquiring agency.
  2 33    Sec. 5.  APPLICABILITY.  The section of this Act amending
  2 34 section 6B.2C applies to public improvement projects for which
  2 35 an application under section 6B.3 is filed on or after July 1,
  3  1 2015.
  3  2    Sec. 6.  APPLICABILITY.  The sections of this Act amending
  3  3 sections 6B.56 and 6B.56A apply to public improvement projects
  3  4 for which an application under section 6B.3 is filed before,
  3  5 on, or after July 1, 2015.
  3  6                           EXPLANATION
  3  7 The inclusion of this explanation does not constitute agreement with
  3  8 the explanation's substance by the members of the general assembly.
  3  9    This bill relates to procedures and requirements for
  3 10 condemning property and for disposing of certain condemned
  3 11 property.
  3 12    The bill amends Code section 6B.2C by specifying that the
  3 13 authority to condemn property is not conferred on an acquiring
  3 14 agency unless the governing body for the acquiring agency first
  3 15 approves a preliminary or final route or site location of the
  3 16 proposed public improvement.
  3 17    The bill also amends Code sections 6B.56 and 6B.56A
  3 18 relating to the disposition of condemned property by an
  3 19 acquiring agency.  The bill specifies that the requirements
  3 20 and procedures for property that has not been used for the
  3 21 purpose stated in the condemnation application, including the
  3 22 requirement for first offering such property for sale to the
  3 23 prior owner, also apply to any portion of the property that has
  3 24 not been used for the purpose stated in the application. The
  3 25 bill also modifies the provisions of Code section 6B.56 that
  3 26 govern the price of the unused real property when offered for
  3 27 sale to the prior owner to specify that such price is to be the
  3 28 amount applicable to the portion of the unused property that is
  3 29 being offered for sale.
  3 30    The section of the bill amending Code section 6B.2C applies
  3 31 to public improvement projects for which an application for
  3 32 condemnation is filed on or after July 1, 2015.
  3 33    The sections of the bill amending Code sections 6B.56
  3 34 and 6B.56A apply to public improvement projects for which an
  3 35 application is filed before, on, or after July 1, 2015.
       LSB 1147SV (3) 86
       md/sc