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: TLSB 2616HV (2) 86 md/sc 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 additionHowever, 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. LSB 2616HV (2) 86 md/sc