Notice of Intended Action

Statement of property owner's rights, 34.1

Untitled document

ARC 3068C


Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 6B.2A(1)"f," the Attorney General hereby gives Notice of Intended Action to amend Chapter 34, "Acquisition Negotiation Statement of Rights," Iowa Administrative Code.

The limited purpose of the proposed amendment is to conform one provision in rule 61—34.1(6B) more closely to the statutory language appearing at 2017 Iowa Code section 6B.54(4).

Any interested person may make written suggestions or comments on the proposed amendment on or before June 13, 2017. Such written materials should be directed to David L. Dorff, Assistant Attorney General, Environmental Division, Iowa Attorney General's Office, Hoover State Office Building, 1305 E. Walnut Street, Des Moines, Iowa 50319; fax (515)281-4209; or via e-mail to Persons who wish to convey their views orally should contact Mr. Dorff at (515)281-6710 or at the office of the Environmental Division on the second floor of the Hoover State Office Building.

After analysis and review of this rule making, no impact on jobs has been found.

This amendment is intended to implement Iowa Code section 6B.2A(1)"f."

The following amendment is proposed.

Amend rule 61—34.1(6B), Statement of property owner's rights, by rescinding paragraph "11" and adopting the following new paragraph in lieu thereof:

11.A notice of the scheduling of construction or development of a public improvement which shall, to the greatest extent practicable, not require a person lawfully occupying the real property to move from a dwelling or to move the person's business or farm operation without at least 90 days' written notice of the date by which the move is required. (Iowa Code section 6B.54(4))

Attorney General

The Attorney General is the State of Iowa's chief legal officer. The Attorney General has general charge, supervision and direction of the state's legal business. The Attorney General is elected every four years.

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 6/13/2017.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

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View the Iowa Administrative Bulletin for 5/24/2017.

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Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 61-34.1(6B)"11"

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 6B.54(4)
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