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1 | 1 | Senate Study Bill 1198 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON SWEENEY) A BILL FOR An Act relating to restrictions on the acquisition of real 1 property by the department of natural resources. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1938XC (2) 91 sb/js | |
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3 | 3 | S.F. _____ Section 1. NEW SECTION . 461A.10A Restrictions on acquiring 1 real property. 2 1. The department shall not acquire real property available 3 for sale at a public auction for real property. The department 4 shall only acquire real property from a willing donor or 5 willing seller, who shall not be under any compulsion by the 6 department. The department shall not acquire real property for 7 more than appraised value from a nonprofit corporation that 8 directly purchased real property for sale at a public auction. 9 2. Notwithstanding subsection 1, the department may acquire 10 real property available for sale at a public auction or from 11 a nonprofit corporation that acquired the real property at a 12 public auction if the acquisition is in furtherance of a local 13 or statewide conservation or recreation plan and approved by 14 the commission. 15 3. For purposes of this section, auction includes but is 16 not limited to an auction by electronic means, an auction by 17 sealed bid, or a conventional oral auction. 18 Sec. 2. Section 461A.11, subsection 1, Code 2025, is amended 19 to read as follows: 20 1. The commission may accept gifts of land or other 21 property, subject to section 461A.10, or the use of lands or 22 other property for a term of years, and improve and use the 23 land as public state parks. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanations substance by the members of the general assembly. 27 This bill restricts the acquisition of real property by the 28 department of natural resources (DNR). The bill prohibits DNR 29 from acquiring real property at a public auction. The bill 30 authorizes DNR to only acquire property through willing donors 31 and sellers, who shall not be under the compulsion of DNR. DNR 32 also shall not acquire property for more than appraised value 33 from a nonprofit corporation that purchased the property at a 34 public auction. 35 -1- LSB 1938XC (2) 91 sb/js 1/ 2 | |
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5 | 5 | S.F. _____ The bill provides an exception to the restrictions on the 1 acquisition of land. The bill allows DNR to acquire real 2 property from a public auction or from a nonprofit corporation 3 that acquired the real property at a public auction as long 4 as the acquisition is in furtherance of a local or statewide 5 conservation or recreation plan and is approved by the natural 6 resource commission. 7 -2- LSB 1938XC (2) 91 sb/js 2/ 2 |