Bill Text: IA SF470 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act allowing a landowner of agricultural land to obtain relief from a government body for its use of adjacent real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-18 - Subcommittee: Kapucian, Hogg, and Zumbach. S.J. 654. [SF470 Detail]
Download: Iowa-2019-SF470-Introduced.html
Senate
File
470
-
Introduced
SENATE
FILE
470
BY
KAPUCIAN
A
BILL
FOR
An
Act
allowing
a
landowner
of
agricultural
land
to
obtain
1
relief
from
a
government
body
for
its
use
of
adjacent
real
2
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
6C.1
Definitions.
1
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
1.
“Agricultural
land”
means
the
same
as
defined
in
section
4
6A.21.
5
2.
“Agricultural
landowner”
or
“landowner”
means
a
person
6
listed
on
the
tax
assessment
rolls
as
responsible
for
the
7
payment
of
real
estate
taxes
imposed
on
agricultural
land.
8
3.
“Government
body”
means
an
agency
as
defined
in
section
9
17A.2,
or
any
political
subdivision
of
the
state,
authorized
to
10
hold
an
interest
in
and
control
the
use
of
real
property.
11
4.
“Government-held
land”
means
any
real
property
in
which
12
a
government
body
has
acquired
a
legal
or
equitable
interest,
13
regardless
of
whether
the
acquisition
was
by
purchase,
14
exchange,
condemnation,
gift,
or
otherwise,
if
the
government
15
body
controls
the
use
of
such
real
property.
16
Sec.
2.
NEW
SECTION
.
6C.2
Applicable
procedures.
17
Chapter
6B
applies
to
this
chapter
to
the
extent
it
is
18
applicable
and
consistent
with
this
chapter’s
provisions.
19
Sec.
3.
NEW
SECTION
.
6C.3
Use
of
real
property
held
by
a
20
government
body.
21
1.
A
government
body
shall
not
use
government-held
land
in
22
a
manner
that
does
any
of
the
following:
23
a.
Severs
or
restricts
the
agricultural
landowner’s
access
24
to
the
landowner’s
agricultural
land,
unless
the
landowner
25
is
granted
an
equivalent
alternative
access
or
receives
26
compensatory
damages.
27
b.
Diminishes
the
fair
market
value
of
the
agricultural
28
land,
unless
the
agricultural
landowner
receives
compensatory
29
damages.
30
2.
Compensatory
damages
shall
be
calculated
by
determining
31
the
diminution
in
the
fair
market
value
of
the
agricultural
32
land
proximately
caused
by
the
government
body’s
use
of
the
33
government-held
land.
Fair
market
value
is
deemed
to
equal
the
34
price
that
a
buyer
who
is
willing
but
not
compelled
to
buy
and
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a
seller
who
is
willing
but
not
compelled
to
sell
would
accept
1
for
the
agricultural
land.
An
agricultural
landowner’s
share
2
of
any
compensatory
property
damages
shall
be
based
on
the
3
landowner’s
share
of
the
interest
in
the
agricultural
land.
4
3.
This
section
does
not
apply
to
a
landowner
whose
legal
or
5
equitable
interest
in
agricultural
land
was
acquired
after
the
6
government
body’s
use
of
its
government-held
land
so
long
as
7
the
government’s
use
has
not
significantly
changed.
8
Sec.
4.
NEW
SECTION
.
6C.4
Petition
for
redress.
9
1.
An
agricultural
landowner
whose
agricultural
land
is
10
adjacent
to
government-held
land,
and
is
negatively
affected
by
11
the
government
body’s
use
of
its
land,
may
file
a
petition
for
12
redress
with
the
board
of
supervisors
of
any
county
where
the
13
government-held
land
and
the
landowner’s
adjoining
agricultural
14
land
are
located.
If
the
county
board
of
supervisors
is
a
15
party
to
the
matters
in
controversy,
the
agricultural
landowner
16
may
file
the
petition
for
redress
with
the
board
of
supervisors
17
in
an
adjoining
county.
If
more
than
one
agricultural
18
landowner
petitions
the
county
board
of
supervisors,
the
county
19
board
of
supervisors
shall
consolidate
the
petitions.
20
2.
The
board
of
supervisors
by
resolution
shall
approve
21
the
petition,
unless
the
board
of
supervisors
determines
that
22
the
petition
is
fraudulent,
erroneous,
or
frivolous.
Within
23
forty-five
days
after
the
county
board
of
supervisors
adopts
24
the
resolution
approving
the
petition,
the
agricultural
25
landowner
must
commence
the
proceeding
by
filing
an
application
26
with
the
chief
judge
of
the
judicial
district
of
the
county
27
requesting
the
appointment
of
five
compensation
commissioners
28
to
decide
the
matters
in
controversy.
The
compensation
29
commissioners
shall
include
two
independent
appraisers
and
30
three
owners
of
agricultural
land
located
in
the
same
county
31
where
the
government-held
land
and
adjoining
agricultural
32
property
are
located.
33
3.
The
application
shall
contain
the
following:
34
a.
The
name
and
address
of
the
agricultural
landowner
and
a
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description
of
the
agricultural
land.
1
b.
The
name
and
address
of
the
government
body
and
a
2
description
of
the
government-held
land.
3
c.
A
description
of
all
matters
in
controversy
and
all
4
remedies
sought
by
the
agricultural
landowner,
including
that
5
the
agricultural
landowner
be
provided
any
of
the
following:
6
(1)
Equivalent
alternative
access
to
the
landowner’s
7
agricultural
land.
8
(2)
An
award
of
compensatory
damages
for
the
agricultural
9
land
diminution
in
value.
10
Sec.
5.
NEW
SECTION
.
6C.5
Commissioners
determination.
11
1.
a.
The
commissioners
shall
provide
notice
to
the
parties
12
stating
all
of
following:
13
(1)
The
name
and
address
of
the
agricultural
landowner
and
14
government
body
involved
in
the
proceeding.
15
(2)
A
description
of
the
agricultural
land
and
16
government-held
land
subject
to
the
proceeding.
17
(3)
A
description
of
each
matter
in
controversy
alleged
in
18
the
application
and
the
remedies
sought.
19
(4)
The
date,
time,
and
place
when
the
commissioners
will
20
inspect
the
government-held
land
and
the
adjacent
agricultural
21
land.
22
b.
The
notice
shall
be
delivered
to
the
parties
in
the
same
23
manner
provided
by
the
Iowa
rules
of
civil
procedure
for
the
24
personal
service
of
original
notice.
25
2.
The
commissioners
shall
inspect
the
government-held
26
land
and
adjacent
agricultural
land
on
the
date
and
at
the
27
time
provided
in
the
notice.
The
commissioners
shall
render
a
28
decision
answering
each
matter
in
controversy
alleged
in
the
29
application.
The
decision
may
include
an
order
requiring
the
30
government
body
to
grant
the
agricultural
landowner
access
31
to
the
agricultural
land
or
award
the
landowner
compensatory
32
damages
based
on
the
land’s
diminution
of
value.
33
3.
The
commissioners
shall
order
the
sheriff
to
provide
34
written
notice
of
the
commissioners’
decision
to
the
parties
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by
personal
delivery,
in
the
manner
provided
by
the
Iowa
1
rules
of
civil
procedure
for
the
personal
service
of
original
2
notice,
or
by
certified
mail,
return
receipt
requested.
The
3
notice
shall
include
findings
of
fact
and
conclusions
of
law,
4
separately
stated;
any
order
issued
by
the
commissioners;
and
a
5
description
of
the
right
of
a
party
to
appeal
the
decision.
6
4.
A
decision
rendered
by
the
commissioners
is
final
7
unless
appealed
to
the
district
court
having
jurisdiction
8
in
the
county
where
the
government-held
land
and
adjoining
9
agricultural
land
are
located.
A
party
must
file
an
appeal
10
within
ninety
days
from
the
date
that
the
commissioners’
11
decision
is
rendered.
The
appeal
to
district
court
shall
be
12
triable
de
novo.
13
5.
A
commissioner
shall
receive
a
per
diem
of
fifty
dollars
14
and
actual
and
necessary
expenses
incurred
in
the
performance
15
of
official
duties
which
shall
be
paid
by
the
county.
16
6.
The
costs
of
the
proceeding
shall
be
paid
by
the
parties
17
to
the
county.
However,
the
government
body
shall
pay
all
18
actual
and
reasonable
costs
incurred
by
the
agricultural
19
landowner
and
the
landowner’s
reasonable
attorney
fees
as
20
determined
by
the
commissioners
if
the
amount
of
damages
21
awarded
by
the
commissioners
exceed
seventy
percent
of
the
22
amount
of
damages
alleged
in
the
application.
The
government
23
body
shall
also
pay
all
costs
of
the
appeal,
including
the
24
agricultural
landowner’s
actual
and
reasonable
attorney
fees
to
25
be
taxed
as
court
costs,
unless
at
trial
or
on
further
appeal,
26
the
same
or
a
lesser
amount
of
damages
is
awarded
by
a
court
27
than
was
awarded
by
the
commissioners.
28
7.
For
any
proceeding
or
appeal
to
district
court,
the
29
burden
of
proof
shall
be
on
the
government
body
and
the
30
standard
of
proof
shall
be
by
a
preponderance
of
the
evidence.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
cases
in
which
land
is
held
by
a
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government
body
(a
state
agency
or
political
subdivision)
1
and
the
government
body’s
use
of
such
land
may
negatively
2
affect
adjoining
agricultural
land.
The
government
body’s
use
3
of
government-held
land
could
involve
interfering
with
the
4
agricultural
landowner’s
access
to
the
agricultural
land
or
a
5
diminution
of
the
fair
market
value
of
the
agricultural
land.
6
The
agricultural
landowner
may
commence
a
proceeding
to
obtain
7
relief
by
filing
a
petition
for
redress
with
a
county
board
8
of
supervisors.
The
county
board
of
supervisors
must
approve
9
the
appointment
of
five
commissioners
by
the
chief
judge
of
10
the
judicial
district
for
that
county.
The
commissioners
must
11
inspect
the
land
held
by
both
parties
and
make
a
decision
which
12
may
include
an
order
requiring
the
government
body
to
grant
13
the
agricultural
landowner
access
to
the
agricultural
land
or
14
award
the
landowner
compensatory
damages.
The
decision
is
15
final
unless
appealed
to
the
district
court.
The
bill
provides
16
that
the
government
body
shall
pay
costs
of
the
proceeding,
17
including
the
agricultural
landowner’s
attorney
fees,
if
the
18
amount
of
damages
awarded
exceed
70
percent
of
the
amount
of
19
damages
claimed
by
the
agricultural
landowner.
The
government
20
body
must
also
pay
the
costs
of
the
appeal,
including
attorney
21
fees
unless
the
district
court
at
trial
or
a
court
on
further
22
appeal
awards
the
same
or
a
lesser
amount
of
damages.
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