Complete Bill History



House File 401       


                                              HOUSE FILE       
                                              BY  GRASSLEY, KAUFMANN, and
                                                  TYMESON


       Passed House, Date               Passed Senate, Date             
       Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                    Approved                            

                                         A BILL FOR

     1 An Act relating to certain eminent domain authority exercised by
     2    the state and providing an effective date.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     4 TLSB 1390HH 83
     5 md/sc/14

PAG LIN



  1  1    Section 1.  Section 6A.1, Code 2009, is amended to read as
  1  2 follows:
  1  3    6A.1  EXERCISE OF POWER BY STATE.
  1  4    1.  Proceedings may be instituted and maintained by the
  1  5 state of Iowa, or for the use and benefit thereof, for the
  1  6 condemnation of such private property as may be necessary for
  1  7 any public improvement which the general assembly has
  1  8 authorized to be undertaken by the state, and for which an
  1  9 available appropriation has been made.  The executive council
  1 10 shall institute and maintain such proceedings in case
  1 11 authority to so do be not otherwise delegated.
  1 12    2.  All proceedings instituted and maintained by the state
  1 13 of Iowa shall not commence without the signed authorization of
  1 14 the governor.
  1 15    3.  The condemnation authority granted in this section
  1 16 shall not extend to the department of natural resources if the
  1 17 department is seeking to acquire real property for purposes of
  1 18 carrying out a duty related to development and maintenance of
  1 19 the recreation resources of the state, including planning,
  1 20 acquisition, and development of recreational projects, and
  1 21 areas and facilities related to such projects, notwithstanding
  1 22 any provisions to the contrary.
  1 23    Sec. 2.  Section 455A.5, Code 2009, is amended by adding
  1 24 the following new subsection:
  1 25    NEW SUBSECTION.  7.  The authority granted the commission
  1 26 to acquire real property for purposes of carrying out a duty
  1 27 related to development and maintenance of the recreation
  1 28 resources of the state, including planning, acquisition, and
  1 29 development of recreational projects, and areas and facilities
  1 30 related to such projects, shall not extend to the authority to
  1 31 acquire land by eminent domain.
  1 32    Sec. 3.  Section 456A.24, subsection 2, unnumbered
  1 33 paragraph 1, Code 2009, is amended to read as follows:
  1 34    Acquire by purchase, condemnation, lease, agreement, gift,
  1 35 and devise lands or waters suitable for the purposes
  2  1 hereinafter enumerated, and rights=of=way thereto, and to
  2  2 maintain the same for the following purposes, to wit:
  2  3    Sec. 4.  Section 456A.24, Code 2009, is amended by adding
  2  4 the following new subsection:
  2  5    NEW SUBSECTION.  15.  The authority granted the department
  2  6 to acquire real property for any statutory purpose relating to
  2  7 development and maintenance of the recreation resources of the
  2  8 state, including planning, acquisition, and development of
  2  9 recreational projects, and areas and facilities related to
  2 10 such projects, shall not extend to the authority to acquire
  2 11 land by eminent domain.
  2 12    Sec. 5.  Section 461A.7, Code 2009, is amended to read as
  2 13 follows:
  2 14    461A.7  EMINENT DOMAIN PURCHASE OF LANDS == PUBLIC PARKS.
  2 15    The commission may purchase or condemn lands from willing
  2 16 sellers for public parks.  No A contract for the purchase of
  2 17 such public parks shall not be made to an amount in excess of
  2 18 funds appropriated therefor by the general assembly.
  2 19    Sec. 6.  Section 461A.10, Code 2009, is amended to read as
  2 20 follows:
  2 21    461A.10  TITLE TO LANDS.
  2 22    The title to all lands purchased, condemned, or donated,
  2 23 hereunder, for park or highway purposes and the title to all
  2 24 lands purchased, condemned, or donated hereunder for highway
  2 25 purposes, shall be taken in the name of the state and if
  2 26 thereafter it shall be deemed advisable to sell any portion of
  2 27 the land so purchased or condemned, the proceeds of such sale
  2 28 shall be placed to the credit of the said public state parks
  2 29 fund to be used for such park purposes.
  2 30    Sec. 7.  Section 463C.8, subsection 1, paragraph k, Code
  2 31 2009, is amended to read as follows:
  2 32    k.  The power to acquire, own, hold, administer, and
  2 33 dispose of property, except that such power is not a grant of
  2 34 authority to acquire property by eminent domain.
  2 35    Sec. 8.  Sections 461A.9 and 461A.75, Code 2009, are
  3  1 repealed.
  3  2    Sec. 9.  EFFECTIVE DATE.  This Act, being deemed of
  3  3 immediate importance, takes effect upon enactment.
  3  4                           EXPLANATION
  3  5    This bill makes changes relating to eminent domain
  3  6 authority.
  3  7    The bill provides that proceedings for the acquisition of
  3  8 property by eminent domain shall not be instituted by the
  3  9 state without the signed authorization of the governor.
  3 10    The bill also provides that the department of natural
  3 11 resources and the natural resource commission shall not
  3 12 exercise eminent domain authority to acquire real property for
  3 13 purposes of carrying out a duty related to development and
  3 14 maintenance of the recreation resources of the state,
  3 15 including planning, acquisition, and development of
  3 16 recreational projects, and areas and facilities related to
  3 17 such projects.  The bill does not amend the department's
  3 18 authority to acquire property through condemnation for highway
  3 19 purposes.
  3 20    The bill takes effect upon enactment.
  3 21 LSB 1390HH 83
  3 22 md/sc/14