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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