House File 619 - Introduced
HOUSE FILE
BY COMMITTEE ON
GOVERNMENT OVERSIGHT
(SUCCESSOR TO HSB 223)
A BILL FOR
1 An Act relating to the use of eminent domain authority,
2 modifying and establishing related procedures, and including
3 effective date and applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 DIVISION I
1 2 CONDEMNATION FOR CREATION OF A LAKE ==== NUMBER OF ACRES
1 3 Section 1. Section 6A.22, subsection 2, paragraph c,
1 4 subparagraph (1), subparagraph division (b), Code 2015, is
1 5 amended to read as follows:
1 6 (b) (i) For purposes of this subparagraph (1), "number of
1 7 acres justified as necessary for a surface drinking water source"
1 8 means according to guidelines of the United States natural
1 9 resource conservation service and according to analyses of
1 10 surface drinking water capacity needs conducted by one or more
1 11 registered professional engineers. However, the determination
1 12 of surface drinking water capacity needs shall be limited to
1 13 the needs of the population of the county where the lake is to
1 14 be developed or created, according to the most recent federal
1 15 decennial census.
1 16 (ii) For condemnation proceedings for which the application
1 17 for condemnation pursuant to section 6B.3 was filed on or
1 18 after July 1, 2012, and on or before January 1, 2015, "number
1 19 of acres justified as necessary for a surface drinking water
1 20 source", as determined under subparagraph subdivision (i)
1 21 shall not exceed the number of acres that would be necessary
1 22 to provide the amount of drinking water consumed in the most
1 23 recently completed calendar year prior to the date on which the
1 24 application was filed in the county where the lake is to be
1 25 developed or created.
1 26 Sec. 2. EFFECTIVE UPON ENACTMENT. This division of this
1 27 Act, being deemed of immediate importance, takes effect upon
1 28 enactment.
1 29 DIVISION II
1 30 CONDEMNATION FOR CREATION OF A LAKE ==== EXISTING SOURCES
1 31 Sec. 3. Section 6A.22, subsection 2, paragraph c,
1 32 subparagraph (1), subparagraph division (a), unnumbered
1 33 paragraph 1, Code 2015, is amended to read as follows:
1 34 If private property is to be condemned for development
1 35 or creation of a lake, only that number of acres justified
2 1 as necessary for a surface drinking water source, and not
2 2 otherwise acquired, may be condemned. In addition However,
2 3 an acquiring agency shall not have the authority to condemn
2 4 private property for creation of a lake as a surface drinking
2 5 water source if an existing drinking water source may be
2 6 expanded or supplemented for such purpose. If an existing
2 7 drinking water source is incapable of being expanded or
2 8 supplemented as a surface drinking water source, the acquiring
2 9 agency shall conduct a review of prudent and feasible
2 10 alternatives to provision of a drinking water source prior to
2 11 making a determination that such lake development or creation
2 12 is reasonable and necessary. Development or creation of a
2 13 lake as a surface drinking water source includes all of the
2 14 following:
2 15 Sec. 4. EFFECTIVE UPON ENACTMENT. This division of this
2 16 Act, being deemed of immediate importance, takes effect upon
2 17 enactment.
2 18 Sec. 5. APPLICABILITY. This division of this Act applies to
2 19 projects or condemnation proceedings pending or commenced on or
2 20 after the effective date of this division of this Act.
2 21 DIVISION III
2 22 DISPOSITION OF CONDEMNED PROPERTY
2 23 Sec. 6. Section 6B.56A, subsection 4, Code 2015, is amended
2 24 to read as follows:
2 25 4. This section does not apply to property acquired for
2 26 street and highway projects undertaken by the state, a county,
2 27 or a city or to property that is subject to the disposition of
2 28 property requirements under section 6B.56B.
2 29 Sec. 7. NEW SECTION. 6B.56B Disposition of condemned
2 30 property ==== lake creation.
2 31 1. When two years have elapsed since property was condemned
2 32 for the creation of a lake according to the requirements of
2 33 section 6A.22, subsection 2, paragraph "c", subparagraph (1),
2 34 and the property has not been used for the purpose stated
2 35 in the application filed pursuant to section 6B.3, and the
3 1 acquiring agency has not taken action to dispose of the
3 2 property pursuant to section 6B.56, the acquiring agency shall,
3 3 within sixty days, adopt a resolution offering the property
3 4 for sale to the prior owner at a price as provided in section
3 5 6B.56. If the resolution adopted approves an offer of sale to
3 6 the prior owner, the offer shall be made in writing and mailed
3 7 by certified mail to the prior owner. The prior owner has one
3 8 hundred eighty days after the offer is mailed to purchase the
3 9 property from the acquiring agency.
3 10 2. If the acquiring agency has not adopted a resolution
3 11 described in subsection 1 within the sixty=day time period, the
3 12 prior owner may, in writing, petition the acquiring agency to
3 13 offer the property for sale to the prior owner at a price as
3 14 provided in section 6B.56. Within sixty days after receipt of
3 15 such a petition, the acquiring agency shall adopt a resolution
3 16 described in subsection 1. If the acquiring agency does not
3 17 adopt such a resolution within sixty days after receipt of the
3 18 petition, the acquiring agency is deemed to have offered the
3 19 property for sale to the prior owner.
3 20 3. The acquiring agency shall give written notice to the
3 21 owner of the right to purchase the property under this section
3 22 at the time damages are paid to the owner.
3 23 Sec. 8. EFFECTIVE UPON ENACTMENT. This division of this
3 24 Act, being deemed of immediate importance, takes effect upon
3 25 enactment.
3 26 Sec. 9. APPLICABILITY. This division of this Act applies to
3 27 projects or condemnation proceedings pending or commenced on or
3 28 after the effective date of this division of this Act.
3 29 EXPLANATION
3 30 The inclusion of this explanation does not constitute agreement with
3 31 the explanation's substance by the members of the general assembly.
3 32 This bill relates to the use of eminent domain authority and
3 33 modifying and establishing related procedures.
3 34 Division I of the bill amends provisions of Code section
3 35 6A.22, relating to the use of condemnation for creation of
4 1 a lake for drinking water needs. The bill provides that
4 2 for purposes of determining the number of acres justified
4 3 as necessary for a surface drinking water source, the
4 4 determination of surface drinking water capacity needs shall
4 5 be limited to the needs of the population of the county where
4 6 the lake is to be developed or created, according to the most
4 7 recent federal decennial census. The bill also provides
4 8 that for condemnation proceedings for which the application
4 9 for condemnation was filed on or after July 1, 2012, and on
4 10 or before January 1, 2015, the number of acres justified
4 11 as necessary for a surface drinking water source shall not
4 12 exceed the number of acres that would be necessary to provide
4 13 the amount of drinking water consumed in the most recently
4 14 completed calendar year prior to filing the application, in the
4 15 county where the lake is to be developed or created.
4 16 Division I of the bill takes effect upon enactment.
4 17 Current Code section 6A.22(2)(c)(1) authorizes the use of
4 18 eminent domain for development or creation of a lake and limits
4 19 that authority based on the need for surface drinking water.
4 20 Division II of the bill prohibits an acquiring agency from
4 21 condemning private property for creation of a lake as a surface
4 22 drinking water source if an existing drinking water source may
4 23 be expanded or supplemented for such purpose.
4 24 Division II of the bill takes effect upon enactment and
4 25 applies to projects or condemnation proceedings pending or
4 26 commenced on or after the effective date of the division.
4 27 Division III of the bill provides that when two years have
4 28 elapsed since property was condemned for the creation of a lake
4 29 and the property has not been used for the purpose stated in
4 30 the application, and the acquiring agency has not taken action
4 31 to dispose of the property pursuant to Code section 6B.56, the
4 32 acquiring agency shall, within 60 days, adopt a resolution
4 33 offering the property for sale to the prior owner at a price
4 34 as provided in Code section 6B.56. If the acquiring agency
4 35 has not adopted a resolution within the 60=day time period,
5 1 the prior owner may petition the acquiring agency to offer the
5 2 property for sale to the prior owner at a price as provided in
5 3 Code section 6B.56. The bill requires the acquiring agency to
5 4 give written notice to the owner at the time damages are paid
5 5 to the owner of the right to purchase the property under such
5 6 circumstances.
5 7 Division III also specifies that current Code section
5 8 6B.56A, relating to the disposition of condemned property, does
5 9 not apply to property condemned under Code section 6A.22 for
5 10 the creation of a lake.
5 11 Division III of the bill takes effect upon enactment and
5 12 applies to projects or condemnation proceedings pending or
5 13 commenced on or after the effective date of division III of the
5 14 bill.
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