2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS
316.1 - DEFINITIONS.

        316.1  DEFINITIONS.
         As used in this chapter the term:
         1.  "Administrative rules" means all rules subject to the
      provisions of chapter 17A.
         2.  "Business" means any lawful activity, excepting a farm
      operation, conducted primarily:
         a.  For the purchase, sale, lease and rental of personal and
      real property, and for the manufacture, processing, or marketing of
      products, commodities, or any other personal property;
         b.  For the sale of services to the public;
         c.  By a nonprofit organization; or
         d.  Solely for the purposes of section 316.4, for assisting in
      the purchase, sale, resale, manufacture, processing, or marketing of
      products, commodities, personal property, or services by the erection
      and maintenance of an outdoor advertising display or displays,
      whether or not the display or displays are located on the premises on
      which any of the above activities are conducted.
         3.  "Comparable replacement dwelling" means any single family
      residential unit that is all of the following:
         a.  Decent, safe, and sanitary.
         b.  Adequate in size to accommodate the occupants.
         c.  Within the financial means of the displaced person.
         d.  Functionally equivalent to the displaced person's
      dwelling.
         e.  In an area not subject to unreasonably adverse
      environmental conditions.
         f.  In a location generally not less desirable than the
      location of the displaced person's dwelling with respect to public
      utilities, facilities, services, and the displaced person's place of
      employment.
         4.  "Department" means the state department of transportation.

         5.  "Displaced person" means:
         a.  A person who moves from real property or moves the
      person's personal property from real property in any of the following
      circumstances:
         (1)  As a direct result of a written notice of intent to acquire,
      the initiation of negotiations for, or the acquisition of, the real
      property in whole or in part for a program or project undertaken with
      federal financial assistance.
         (2)  The person moved or moved the person's personal property from
      real property on which the person is either a residential tenant or
      conducts a small business, a farm operation, or a business as defined
      in subsection 2, paragraph "d", as a direct result of
      rehabilitation or demolition for a program or project undertaken with
      federal financial assistance in a case in which the head of the
      displacing agency determines that the displacement is permanent.
         (3)  As a direct result of a written notice of intent to acquire
      by condemnation, the initiation of negotiations for, or the
      acquisition of, the real property in whole or in part by the state of
      Iowa or by an entity or person conferred the right to condemn private
      property.
         b.  For purposes of section 316.4, subsections 1 and 2, and
      section 316.7, a person who moves from real property, or moves the
      person's personal property from real property in any of the following
      circumstances:
         (1)  As a direct result of a written notice of intent to acquire,
      the initiation of negotiations for, or the acquisition of, other real
      property in whole or in part if the person conducts a business or
      farm operation on the other real property for a program or project
      undertaken with federal financial assistance.
         (2)  As a direct result of rehabilitation or demolition of other
      real property on which the person conducts a business or a farm
      operation for a program or project undertaken with federal financial
      assistance in a case in which the head of the displacing agency
      determines that the displacement is permanent.
         (3)  As a direct result of a written notice of intent to acquire
      by condemnation, the initiation of negotiations for, or the
      acquisition of, other real property in whole or in part by the state
      of Iowa or by an entity or person conferred the right to condemn
      private property if the person conducts a business or farm operation
      on the other real property.
         c.  The term "displaced person" does not include any of
      the following:
         (1)  A person who has been determined to be either in unlawful
      occupancy of the real property or who has occupied the real property
      for the purpose of obtaining assistance under this chapter.
         (2)  A person, other than the person who was the occupant of the
      real property at the time it was acquired, who occupies the real
      property on a rental basis for a short term or a period subject to
      termination when the real property is needed for the program or
      project.
         (3)  An owner-occupant who voluntarily sells the owner- occupant's
      property, after being informed in writing that if a mutually
      satisfactory agreement of sale cannot be reached the state agency
      will not acquire the property.
         (4)  A person who retains the right of use and occupancy of the
      real property for life following its acquisition by a state agency.
         6.  "Displacing agency" means the state or a state agency
      carrying out a program or project, or any person carrying out a
      program or project with federal financial assistance, which causes a
      person to be a displaced person.
         7.  "Farm operation" means any activity conducted solely or
      primarily for the production of one or more agricultural products or
      commodities, including timber, for sale or home use, and customarily
      producing such products or commodities in sufficient quantity to be
      capable of contributing materially to the operator's support.
         8.  "Federal financial assistance" means a grant, loan, or
      contribution provided by the United States; however, "federal
      financial assistance" does not include any federal guarantee or
      insurance and any interest reduction payment to an individual in
      connection with the purchase and occupancy of a residence by that
      individual.
         9.  "Federal Uniform Relocation Act" means the federal Uniform
      Relocation Assistance and Real Property Acquisition Policies Act of
      1970, Pub. L. No. 91-646, as amended by the Uniform Relocation Act
      Amendments of 1987, Title IV, Pub. L. No. 100-17.
         10.  "Mortgage" means such classes of liens as are commonly
      given to secure advances on, or the unpaid purchase price of real
      property, under the laws of this state, together with the credit
      instruments, if any, secured thereby.
         11.  "Person" means any individual, partnership, corporation,
      or association.
         12.  "State agency" means any of the following:
         a.  A department, agency, or instrumentality of the state or
      of a political subdivision of the state.
         b.  A department, agency, or instrumentality of two or more
      political subdivisions of the state, or states.
         c.  A person who has the authority to acquire property by
      eminent domain under state law.  

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 316.1] 

         Section History: Recent Form

         89 Acts, ch 20, § 1--5; 99 Acts, ch 171, §32, 42
         Referred to in § 6B.42, 316.4