Bill Text: IA SSB3187 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the disposal of property by cities and including applicability provisions.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - In Local Government [SSB3187 Detail]
Download: Iowa-2013-SSB3187-Introduced.html
Senate
Study
Bill
3187
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WILHELM)
A
BILL
FOR
An
Act
relating
to
the
disposal
of
property
by
cities
and
1
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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6161XC
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_____
Section
1.
Section
174.15,
subsection
2,
Code
2014,
is
1
amended
to
read
as
follows:
2
2.
Notwithstanding
section
364.7,
subsection
3
1
,
paragraph
3
“c”
,
a
city
may
dispose
of
real
property
by
gift
to
a
fair.
4
Sec.
2.
Section
364.7,
Code
2014,
is
amended
to
read
as
5
follows:
6
364.7
Disposal
of
property.
7
1.
A
city
may
not
dispose
of
an
interest
in
real
property
8
with
a
market
value
in
excess
of
ten
thousand
dollars
by
sale,
9
lease
for
a
term
of
more
than
three
years,
or
gift,
except
in
10
accordance
with
the
following
procedure:
11
1.
a.
The
council
shall
set
forth
its
proposal
in
a
12
resolution
and
shall
publish
notice
as
provided
in
section
13
362.3
,
of
the
resolution
and
of
a
date,
time
and
place
of
a
14
public
hearing
on
the
proposal.
15
2.
b.
After
the
public
hearing,
the
council
may
make
a
16
final
determination
on
the
proposal
by
resolution.
17
3.
c.
A
city
may
not
dispose
of
real
property
by
gift
18
except
to
a
governmental
body
for
a
public
purpose
or
to
a
19
nonprofit
entity
that
is
exempt
from
federal
income
taxation
20
pursuant
to
section
501(c)(3)
of
the
Internal
Revenue
Code
for
21
use
by
the
nonprofit
entity
in
providing
affordable
housing
.
22
2.
For
purposes
of
this
section,
unless
the
type
of
interest
23
in
the
real
property
is
not
required
to
be
assessed
or
have
a
24
value
ascribed
to
it
by
the
assessor,
“market
value”
means
the
25
most
recent
actual
value
as
determined
by
the
assessor
under
26
section
441.21.
27
Sec.
3.
Section
364.12A,
Code
2014,
is
amended
to
read
as
28
follows:
29
364.12A
Condemnation
of
residential
buildings
——
public
30
purpose.
31
For
the
purposes
of
section
6A.4,
subsection
6
,
a
city
may
32
condemn
a
residential
building
found
to
be
a
public
nuisance
33
and
take
title
to
the
property
for
the
public
purpose
of
34
disposing
of
the
property
under
section
364.7
by
conveying
the
35
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property
to
a
private
individual
or
a
nonprofit
entity
for
1
rehabilitation
or
for
demolition
and
construction
of
housing.
2
Sec.
4.
APPLICABILITY.
This
Act
applies
to
interests
in
3
real
property
disposed
of
by
a
city
on
or
after
July
1,
2014.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
Current
Code
section
364.7
provides
that
a
city
may
not
8
dispose
of
an
interest
in
real
property
by
sale,
lease
for
a
9
term
of
more
than
three
years,
or
gift,
except
in
accordance
10
with
a
procedure
that
includes
publication
of
the
proposal
to
11
sell,
lease,
or
gift
the
property
and
after
a
public
hearing
on
12
the
proposal.
13
This
bill
provides
that
the
procedure
of
publication
and
14
public
hearing
shall
only
apply
to
the
city’s
disposition
of
15
an
interest
in
real
property
with
a
market
value
in
excess
16
of
$10,000.
The
bill
also
provides
that
unless
the
type
of
17
interest
in
the
real
property
is
not
required
to
be
assessed
18
or
have
a
value
ascribed
to
it
by
the
assessor,
“market
19
value”
means
the
most
recent
actual
value
as
determined
by
the
20
assessor
for
purposes
of
property
taxation.
21
Current
Code
section
364.7
also
provides
that
a
city
may
not
22
dispose
of
real
property
by
gift
except
to
a
governmental
body
23
for
a
public
purpose.
The
bill
authorizes
a
city
to
dispose
24
of
real
property
by
gift
to
a
nonprofit
entity
for
use
in
25
providing
affordable
housing.
26
The
bill
also
amends
Code
section
364.12A
relating
to
the
27
disposal
of
property
found
to
be
a
nuisance
and
acquired
by
28
condemnation
to
provide
for
the
disposal
of
such
property
29
to
a
nonprofit
entity
for
rehabilitation
or
for
demolition
30
and
construction
of
housing.
Code
section
364.12A
currently
31
provides
for
the
disposal
of
such
property
acquired
by
32
condemnation
to
a
private
individual
for
such
purposes.
33
The
bill
applies
to
interests
in
real
property
disposed
of
by
34
a
city
on
or
after
July
1,
2014.
35
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