6B.2A NOTICE OF PROPOSED PUBLIC IMPROVEMENT.
1. An acquiring agency shall provide written notice of a public
hearing to each owner and any contract purchaser of record of
agricultural land that may be the subject of condemnation. The
authority under this chapter is not conferred and condemnation
proceedings shall not begin unless a good faith effort is made to
mail and publish the notice as provided in this section on the owner
and any contract purchaser of record of the property subject to
condemnation. The notice shall be mailed by ordinary mail, not less
than thirty days before the date the hearing is held, to the owner
and any contract purchaser of record of each property or property
interest at the owner's and contract purchaser's last known address
as shown in the records of the county auditor not less than seven
days nor more than fourteen days prior to the date of mailing. A
change in ownership of any such property which is not reflected in
the records of the county auditor during the period those records are
searched as above provided shall not affect the validity of the
notice or any condemnation proceeding commenced on the basis of such
notice. The notice shall be given and the public hearing held before
adoption of the ordinance, resolution, motion, or other declaration
of intent to fund the final site-specific design for the public
improvement, to make the final selection of the route or site
location for the public improvement, or to acquire or condemn, if
necessary, all or a portion of the property or an interest in the
property for the public improvement. If the location of the public
improvement is changed or expanded after the decision has been made
to proceed with the public improvement, a notice shall be mailed by
ordinary mail no less than thirty days before the adoption of the
ordinance, resolution, motion, or other declaration of intent to
proceed with a change in the location of the public improvement to
the owner and any contract purchaser of record of the land to be
acquired or condemned, if necessary, in the new location of the
public improvement affected by the change. The mailed notice shall,
at a minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency
may acquire part or all of the property or interest in the property
by condemnation for the public improvement.
c. The process to be followed by the acquiring agency in
making the decision to fund the final site-specific design for the
public improvement, to make the final selection of the route or site
location, or to acquire or condemn, if necessary, all or a portion of
the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an
opportunity is provided for public input into the decision to fund
the final site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or
condemn, if necessary, all or a portion of the property or an
interest in the property for the public improvement.
e. The name, address, and telephone number of the person
designated by the acquiring agency as the person to contact regarding
the public improvement.
f. A statement of rights of individual property owners with
respect to the acquisition of their property and the availability of
relocation benefits. The attorney general shall adopt by rule
pursuant to chapter 17A a statement of rights which may be used in
substantial form by any person required to provide the statement of
rights as provided in this section.
2. The acquiring agency shall cause a notice to be published once
in a newspaper of general circulation in the county or city where the
agricultural land is located. The notice shall be published at least
four but no more than twenty days before the public hearing is held
as referred to in subsection 1. The published notice shall, at a
minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency
may acquire part or all of the property or an interest in the
property by condemnation for the public improvement.
c. The process to be followed by the acquiring agency in
making the decision to fund the final site-specific design for the
public improvement, to make the final selection of the route or site
location, or to acquire or condemn, if necessary, all or a portion of
the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an
opportunity is provided for public input into the decision to fund
the final site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or
condemn, if necessary, all or a portion of the property or an
interest in the property for the public improvement.
e. The name, address, and telephone number of the contact
person regarding the public improvement.
3. If the acquiring agency is a person required to obtain a
franchise under chapter 478, compliance with section 478.2 shall
satisfy the requirements of this section. If the acquiring agency is
a person required to obtain a permit under chapter 479, compliance
with section 479.5 shall satisfy the requirements of this section.
4. This section shall not apply to a condemnation of property by
the state department of transportation or a county for right-of-way
that is contiguous to an existing road right-of-way and necessary for
the maintenance, safety improvement, repair, or upgrade of the
existing road. Notwithstanding section 6B.2C, a condemnation of
property by the state department of transportation pursuant to this
subsection shall be approved by the director of the department of
transportation. For purposes of this subsection, "upgrade" means
to bring a road or bridge up to currently acceptable standards,
including improved geometrics, passing lanes, turning lanes, climbing
lanes, and improved shoulders. "Upgrade" does not include
expanding a highway from two lanes to four lanes.
5. The time deadlines in this section do not apply during the
existence of an emergency requiring the construction or repair of
public improvements in situations where failure to immediately
construct or repair would result in immediate danger to public
health, safety, or welfare. The notices required in this section
shall be provided to the owner as soon as practicable.
Section History: Recent Form
99 Acts, ch 171, §2, 42; 2000 Acts, ch 1178, §1; 2000 Acts, ch
1179, §2--4, 30; 2002 Acts, ch 1063, §1
Referred to in §6B.2D, 478.2, 478.6, 479.5, 479.7
6B.2A NOTICE OF PROPOSED PUBLIC IMPROVEMENT.
1. An acquiring agency shall provide written notice of a public
hearing to each owner and any contract purchaser of record of
agricultural land that may be the subject of condemnation. The
authority under this chapter is not conferred and condemnation
proceedings shall not begin unless a good faith effort is made to
mail and publish the notice as provided in this section on the owner
and any contract purchaser of record of the property subject to
condemnation. The notice shall be mailed by ordinary mail, not less
than thirty days before the date the hearing is held, to the owner
and any contract purchaser of record of each property or property
interest at the owner's and contract purchaser's last known address
as shown in the records of the county auditor not less than seven
days nor more than fourteen days prior to the date of mailing. A
change in ownership of any such property which is not reflected in
the records of the county auditor during the period those records are
searched as above provided shall not affect the validity of the
notice or any condemnation proceeding commenced on the basis of such
notice. The notice shall be given and the public hearing held before
adoption of the ordinance, resolution, motion, or other declaration
of intent to fund the final site-specific design for the public
improvement, to make the final selection of the route or site
location for the public improvement, or to acquire or condemn, if
necessary, all or a portion of the property or an interest in the
property for the public improvement. If the location of the public
improvement is changed or expanded after the decision has been made
to proceed with the public improvement, a notice shall be mailed by
ordinary mail no less than thirty days before the adoption of the
ordinance, resolution, motion, or other declaration of intent to
proceed with a change in the location of the public improvement to
the owner and any contract purchaser of record of the land to be
acquired or condemned, if necessary, in the new location of the
public improvement affected by the change. The mailed notice shall,
at a minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency
may acquire part or all of the property or interest in the property
by condemnation for the public improvement.
c. The process to be followed by the acquiring agency in
making the decision to fund the final site-specific design for the
public improvement, to make the final selection of the route or site
location, or to acquire or condemn, if necessary, all or a portion of
the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an
opportunity is provided for public input into the decision to fund
the final site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or
condemn, if necessary, all or a portion of the property or an
interest in the property for the public improvement.
e. The name, address, and telephone number of the person
designated by the acquiring agency as the person to contact regarding
the public improvement.
f. A statement of rights of individual property owners with
respect to the acquisition of their property and the availability of
relocation benefits. The attorney general shall adopt by rule
pursuant to chapter 17A a statement of rights which may be used in
substantial form by any person required to provide the statement of
rights as provided in this section.
2. The acquiring agency shall cause a notice to be published once
in a newspaper of general circulation in the county or city where the
agricultural land is located. The notice shall be published at least
four but no more than twenty days before the public hearing is held
as referred to in subsection 1. The published notice shall, at a
minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency
may acquire part or all of the property or an interest in the
property by condemnation for the public improvement.
c. The process to be followed by the acquiring agency in
making the decision to fund the final site-specific design for the
public improvement, to make the final selection of the route or site
location, or to acquire or condemn, if necessary, all or a portion of
the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an
opportunity is provided for public input into the decision to fund
the final site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or
condemn, if necessary, all or a portion of the property or an
interest in the property for the public improvement.
e. The name, address, and telephone number of the contact
person regarding the public improvement.
3. If the acquiring agency is a person required to obtain a
franchise under chapter 478, compliance with section 478.2 shall
satisfy the requirements of this section. If the acquiring agency is
a person required to obtain a permit under chapter 479, compliance
with section 479.5 shall satisfy the requirements of this section.
4. This section shall not apply to a condemnation of property by
the state department of transportation or a county for right-of-way
that is contiguous to an existing road right-of-way and necessary for
the maintenance, safety improvement, repair, or upgrade of the
existing road. Notwithstanding section 6B.2C, a condemnation of
property by the state department of transportation pursuant to this
subsection shall be approved by the director of the department of
transportation. For purposes of this subsection, "upgrade" means
to bring a road or bridge up to currently acceptable standards,
including improved geometrics, passing lanes, turning lanes, climbing
lanes, and improved shoulders. "Upgrade" does not include
expanding a highway from two lanes to four lanes.
5. The time deadlines in this section do not apply during the
existence of an emergency requiring the construction or repair of
public improvements in situations where failure to immediately
construct or repair would result in immediate danger to public
health, safety, or welfare. The notices required in this section
shall be provided to the owner as soon as practicable.
Section History: Recent Form
99 Acts, ch 171, §2, 42; 2000 Acts, ch 1178, §1; 2000 Acts, ch
1179, §2--4, 30; 2002 Acts, ch 1063, §1
Referred to in §6B.2D, 478.2, 478.6, 479.5, 479.7
6B.2A NOTICE OF PROPOSED PUBLIC IMPROVEMENT.
1. An acquiring agency shall provide written notice of a public
hearing to each owner and any contract purchaser of record of
agricultural land that may be the subject of condemnation. The
authority under this chapter is not conferred and condemnation
proceedings shall not begin unless a good faith effort is made to
mail and publish the notice as provided in this section on the owner
and any contract purchaser of record of the property subject to
condemnation. The notice shall be mailed by ordinary mail, not less
than thirty days before the date the hearing is held, to the owner
and any contract purchaser of record of each property or property
interest at the owner's and contract purchaser's last known address
as shown in the records of the county auditor not less than seven
days nor more than fourteen days prior to the date of mailing. A
change in ownership of any such property which is not reflected in
the records of the county auditor during the period those records are
searched as above provided shall not affect the validity of the
notice or any condemnation proceeding commenced on the basis of such
notice. The notice shall be given and the public hearing held before
adoption of the ordinance, resolution, motion, or other declaration
of intent to fund the final site-specific design for the public
improvement, to make the final selection of the route or site
location for the public improvement, or to acquire or condemn, if
necessary, all or a portion of the property or an interest in the
property for the public improvement. If the location of the public
improvement is changed or expanded after the decision has been made
to proceed with the public improvement, a notice shall be mailed by
ordinary mail no less than thirty days before the adoption of the
ordinance, resolution, motion, or other declaration of intent to
proceed with a change in the location of the public improvement to
the owner and any contract purchaser of record of the land to be
acquired or condemned, if necessary, in the new location of the
public improvement affected by the change. The mailed notice shall,
at a minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency
may acquire part or all of the property or interest in the property
by condemnation for the public improvement.
c. The process to be followed by the acquiring agency in
making the decision to fund the final site-specific design for the
public improvement, to make the final selection of the route or site
location, or to acquire or condemn, if necessary, all or a portion of
the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an
opportunity is provided for public input into the decision to fund
the final site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or
condemn, if necessary, all or a portion of the property or an
interest in the property for the public improvement.
e. The name, address, and telephone number of the person
designated by the acquiring agency as the person to contact regarding
the public improvement.
f. A statement of rights of individual property owners with
respect to the acquisition of their property and the availability of
relocation benefits. The attorney general shall adopt by rule
pursuant to chapter 17A a statement of rights which may be used in
substantial form by any person required to provide the statement of
rights as provided in this section.
2. The acquiring agency shall cause a notice to be published once
in a newspaper of general circulation in the county or city where the
agricultural land is located. The notice shall be published at least
four but no more than twenty days before the public hearing is held
as referred to in subsection 1. The published notice shall, at a
minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency
may acquire part or all of the property or an interest in the
property by condemnation for the public improvement.
c. The process to be followed by the acquiring agency in
making the decision to fund the final site-specific design for the
public improvement, to make the final selection of the route or site
location, or to acquire or condemn, if necessary, all or a portion of
the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an
opportunity is provided for public input into the decision to fund
the final site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or
condemn, if necessary, all or a portion of the property or an
interest in the property for the public improvement.
e. The name, address, and telephone number of the contact
person regarding the public improvement.
3. If the acquiring agency is a person required to obtain a
franchise under chapter 478, compliance with section 478.2 shall
satisfy the requirements of this section. If the acquiring agency is
a person required to obtain a permit under chapter 479, compliance
with section 479.5 shall satisfy the requirements of this section.
4. This section shall not apply to a condemnation of property by
the state department of transportation or a county for right-of-way
that is contiguous to an existing road right-of-way and necessary for
the maintenance, safety improvement, repair, or upgrade of the
existing road. Notwithstanding section 6B.2C, a condemnation of
property by the state department of transportation pursuant to this
subsection shall be approved by the director of the department of
transportation. For purposes of this subsection, "upgrade" means
to bring a road or bridge up to currently acceptable standards,
including improved geometrics, passing lanes, turning lanes, climbing
lanes, and improved shoulders. "Upgrade" does not include
expanding a highway from two lanes to four lanes.
5. The time deadlines in this section do not apply during the
existence of an emergency requiring the construction or repair of
public improvements in situations where failure to immediately
construct or repair would result in immediate danger to public
health, safety, or welfare. The notices required in this section
shall be provided to the owner as soon as practicable.
Section History: Recent Form
99 Acts, ch 171, §2, 42; 2000 Acts, ch 1178, §1; 2000 Acts, ch
1179, §2--4, 30; 2002 Acts, ch 1063, §1
Referred to in §6B.2D, 478.2, 478.6, 479.5, 479.7
