reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.7 - Condemnation of property.

403.7 Condemnation of property.
1. A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project under this chapter, subject to the limitations on eminent domain authority in chapter 6A. However, a municipality shall not condemn agricultural land included within an economic development area for any use unless the owner of the agricultural land consents to condemnation or unless the municipality determines that the land is necessary or useful for any of the following:
a. The operation of a city utility as defined in section 362.2.
b. The operation of a city franchise conferred the authority to condemn private property under section 364.2.
c. The operation of a combined utility system as defined in section 384.80.
2. A municipality shall exercise the power of eminent domain in the manner provided in chapter 6B. Property already devoted to a public use may be acquired in like manner. However, real property belonging to the state, or any political subdivision of this state, shall not be acquired without its consent, and real property or any right or interest in the property owned by any public utility company, pipeline company, railway or transportation company vested with the right of eminent domain under the laws of this state shall not be acquired without the consent of the company, or without first securing, after due notice to the company and after hearing, a certificate authorizing condemnation of the property from the board, commission, or body having the authority to grant a certificate authorizing condemnation.
3. In a condemnation proceeding, if a municipality proposes to take a part of a lot or parcel of real property, the municipality shall also take the remaining part of the lot or parcel if requested by the owner.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.7]
85 Acts, ch 66, §4; 99 Acts, ch 171, §36, 41, 42;
2006 Acts, 1st Ex, ch 1001, §38, 49
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.10 - Bonds as legal investment.

403.10 Bonds as legal investment.
All banks, trust companies, savings associations, investment companies, and other persons carrying on an investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this chapter, or those issued by any urban renewal agency vested with urban renewal project powers under section 403.14. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.10]
96 Acts, ch 1204, §20; 2012 Acts, ch 1017, §78
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.11 - Exemptions from legal process.

403.11 Exemptions from legal process.
1. All property of a municipality, including funds, owned or held by it for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution. Execution or other judicial process shall not issue against the property and a judgment against a municipality shall not be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by a municipality on its rents, fees, grants or revenues from urban renewal projects.
2. The property of a municipality, acquired or held for the purposes of this chapter, is declared to be public property used for essential public and governmental purposes, and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof. However, such tax exemption shall terminate when the municipality sells, leases or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.11]
2011 Acts, ch 34, §90
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.13 - Presumption of title.

403.13 Presumption of title.
Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with the provisions of this chapter insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.13]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.14 - Urban renewal agency powers.

403.14 Urban renewal agency powers.
1. A municipality may itself exercise its urban renewal project powers, as defined in this section, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency shall be vested with all of the urban renewal project powers in the same manner as though all such powers were conferred on such agency instead of the municipality. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban renewal project powers through a board or commissioner, or through such officers of the municipality as the local governing body may by resolution determine.
2. As used in this section, the term “urban renewal project powers” shall include the rights, powers, functions and duties of a municipality under this chapter, except the following:
a. The power to determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearings required with respect thereto;
b. The power to approve urban renewal plans and modifications thereof;
c. The power to establish a general plan for the locality as a whole;
d. The power to formulate a workable program under section 403.3;
e. The power to make the determinations and findings provided for in section 403.4, and section 403.5, subsection 4;
f. The power to issue general obligation bonds;
g. The power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in section 403.6, subsection 8.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.14]
2020 Acts, ch 1063, §212
Referred to in §403.6, 403.10, 403.12, 403.15, 403.16
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.18 - Rule of construction.

403.18 Rule of construction.
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §403.18]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.20 - Adjustment considered in value assessment.

403.20 Adjustment considered in value assessment.
In determining the assessed value of property within an urban renewal area which is subject to a division of tax revenues pursuant to section 403.19, the difference between the actual value of the property as determined by the assessor each year and the actual value of the property as determined by the assessor following application of the assessment limitations under section 441.21, subsection 9, shall be subtracted from the actual value of the property as determined pursuant to section 403.19, subsection 1. If the assessed value of the property as determined pursuant to section 403.19, subsection 1, is reduced to zero, the additional valuation reduction shall be subtracted from the actual value of the property as determined by the assessor.
[C81, §403.20]
2003 Acts, ch 145, §286; 2022 Acts, ch 1061, §33, 38
Referred to in §357H.9, 441.21A
2022 amendment applies retroactively to assessment years beginning on or after January 1, 2022; 2022 Acts, ch 1061, §38
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403 - URBAN RENEWAL › Section 403.23 - Audit — certificate of compliance.

403.23 Audit — certificate of compliance.
1. Each municipality that has established an urban renewal area that utilizes, or plans to utilize, revenues from the special fund created in section 403.19, shall make an annual certification of compliance with this section. For any year in which the municipality is audited in accordance with section 11.6, such certification shall be audited as part of the municipality’s audit.
2. The certification required under this section shall include such information or documentation deemed appropriate by the auditor of state including but not limited to the information required to be reported under section 331.403, subsection 3, or section 384.22, subsection 2, as applicable.
3. The auditor of state shall adopt rules necessary to implement this section.
2012 Acts, ch 1124, §22
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.4 - Aid from federal government.

403A.4 Aid from federal government.
In addition to the powers conferred upon a municipality by other provisions of this chapter, a municipality is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over, lease or manage any project or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and enter into such contracts, covenants, mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this chapter to authorize every municipality to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such municipality. To accomplish this purpose a municipality, notwithstanding the provisions of any other law, may include in any contract for financial assistance with the federal government any provisions, which the federal government may require as conditions to its financial aid of a housing project, not inconsistent with the purposes of this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.4]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.6 - Operation of housing not for profit.

403A.6 Operation of housing not for profit.
It is hereby declared to be the policy of this state that each municipality shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low income, and that no municipality shall construct or operate any housing project for profit, or as a source of revenue to the municipality. To this end the municipality shall fix the rentals or payments for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income and receipts in connection with or for such projects from whatever sources derived, including federal financial assistance, will be sufficient to do all of the following:
1. To pay, as the same become due, the principal and interest on the bonds issued pursuant to this chapter.
2. To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on such bonds.
3. To meet the cost of, and to provide for, maintaining and operating the projects, including necessary reserves therefor and the cost of any insurance, and of administrative expenses.
4. To make such payments in lieu of taxes and, after payment in full of all obligations for which federal annual contributions are pledged, to make such repayments of federal and local contributions as it determines are consistent with the maintenance of the low-rent character of projects. Rentals or payments for dwellings shall be established and the projects administered, insofar as possible, so as to assure that any federal financial assistance required shall be strictly limited to amounts and periods necessary to maintain the low-rent character of the projects.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.6]
2008 Acts, ch 1032, §50
Referred to in §403A.7
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.7 - Housing rentals and tenant admissions.

403A.7 Housing rentals and tenant admissions.
1. A municipality shall do the following:
a. Rent or lease the dwelling accommodations in a housing project only to persons or families of low income and at rentals within their financial reach.
b. Rent or lease to a tenant such dwelling accommodations consisting of the number of rooms which it deems necessary to provide safe and sanitary accommodations to the proposed occupants without overcrowding.
c. (1) Fix income limits for occupancy and rents after taking into consideration the following:
(a) The family size, composition, age, disabilities, and other factors which might affect the rent-paying ability of the person or family.
(b) The economic factors which affect the financial stability and solvency of the project.
(2) However, such determination of eligibility shall be within the limits of the income limits hereinbefore set out.
2. Nothing contained in this section or section 403A.6 shall be construed as limiting the power of a municipality with respect to a housing project, to vest in an obligee the right, in the event of a default by the municipality, to take possession or cause the appointment of a receiver for the housing project, free from all the restrictions imposed by this section or section 403A.6.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.7]
96 Acts, ch 1129, §88, 113; 2008 Acts, ch 1032, §51; 2010 Acts, ch 1079, §16
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.8 - Dwellings for disaster victims and defense workers.

403A.8 Dwellings for disaster victims and defense workers.
Notwithstanding the provisions of this or any other chapter relating to rentals of, preferences or eligibility for admission to, or occupancy of dwellings in housing projects, during the period when a municipality determines that there is an acute need in its area of operation for housing to assure the availability of dwellings for persons engaged in national defense activities or for victims of a major disaster, a municipality may undertake the development and administration of housing projects for the federal government, and dwellings in any housing project under the jurisdiction of the municipality may be made available to persons engaged in national defense activities or to victims of a major disaster, as the case may be. A municipality is authorized to contract with the federal government or the state or a state public body for advance payment or reimbursement for the furnishing of housing to victims of a major disaster, including the furnishing of the housing free of charge to needy disaster victims during any period covered by a determination of acute need by the municipality as herein provided.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.8]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.9 - Cooperation between municipalities.

403A.9 Cooperation between municipalities.
Any two or more municipalities may join or cooperate with one another in the exercise of any or all of the powers conferred hereby for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.9]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.10 - Tax exemption and payments in lieu of taxes.

403A.10 Tax exemption and payments in lieu of taxes.
The property acquired or held pursuant to this chapter is declared to be public property used exclusively for essential city or municipal public and governmental purposes, and such property is hereby declared to be exempt from all taxes and special assessments of the state or of any state public body. In lieu of taxes on such property a municipality may agree to make payments to the state or a state public body, including to the municipality, as it finds consistent with the maintenance of the low-rent character of housing projects and the achievement of the purposes of this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.10]
2017 Acts, ch 29, §111
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.11 - Planning, zoning, and building laws — insulation requirements.

403A.11 Planning, zoning, and building laws — insulation requirements.
1. All housing projects of a municipality shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.
2. All dwellings which are part of housing projects and which are proposed to be rented to low-income families or the elderly through the programs of the United States department of housing and urban development shall have ceiling insulation having an R value of 38 in the attic, floor insulation having an R value of 20, or perimeter wall insulation having an R value of 10 beneath all habitable heated areas or over unheated spaces. In addition, basement walls shall have insulation with an R value of 6 to their full height, with insulation in the box sill having an R value of 20. As used in this section, “R value” means resistance to heat flow.
3. The insulation requirements of this section are effective for all dwellings, the construction of which begins on or after July 1, 1991. For dwellings existing or under construction prior to July 1, 1991, the dwelling must comply with the insulation requirements of this section by June 30, 1996.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.11]
91 Acts, ch 270, §5; 2017 Acts, ch 54, §76
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.12 - Bonds.

403A.12 Bonds.
1. A municipality shall have power to issue bonds from time to time in its discretion, for any of the purposes of this chapter. A municipality shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. A municipality may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable exclusively from the income and revenues of the project financed with the proceeds of such bonds, or exclusively from the income and revenues of certain designated housing projects whether or not they are financed in whole or in part with the proceeds of such bonds. Any such bonds may be additionally secured by a pledge of any loan, grant or contribution or parts thereof from the federal government or other source, or a pledge of any income or revenues connected with a housing project or a mortgage of any housing project or projects. The authority to issue bonds under this subsection does not limit the municipality’s general authority to issue bonds for any of the purposes of this chapter.
2. Neither the governing body of a municipality nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof hereunder. The bonds and other obligations issued under the provisions of this chapter shall be payable solely from the sources provided in this section and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The bonds and obligations shall state on their face that they are payable solely from the sources provided in this section and that they do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds issued pursuant to this chapter are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes. The tax exemption provisions of this chapter shall be considered part of the security for the repayment of bonds and shall constitute, by virtue of this chapter and without the necessity of the same being restated in said bonds, a contract between the bondholders and each and every one thereof, including all transferees of said bonds from time to time on the one hand and the respective municipalities issuing said bonds and the state on the other.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.12]
2017 Acts, ch 29, §112
Referred to in §422.7(2)(t)
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.13 - Form and sale of bonds.

403A.13 Form and sale of bonds.
1. Bonds of a municipality shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding that permitted by chapter 74A, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture or mortgage may provide.
2. The bonds may be sold at public or private sale at not less than par.
3. If the officers of the municipality whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
4. In any suit, action or proceedings involving the validity or enforcement of any bond issued pursuant to this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality pursuant to this chapter shall be conclusively deemed to have been issued for such purpose and the housing project in respect to which such bond was issued shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.13]
2016 Acts, ch 1011, §62
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.15 - Remedies of an obligee.

403A.15 Remedies of an obligee.
An obligee of a municipality shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee.
1. By mandamus, suit, action or proceeding at law or in equity to compel said municipality to perform each and every term, provision and covenant contained in any contract of said municipality with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said municipality and the fulfillment of all duties imposed by this chapter.
2. By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said municipality.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.15]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.16 - Additional remedies conferrable by a municipality.

403A.16 Additional remedies conferrable by a municipality.
A municipality shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction to:
1. Cause possession of any housing project or any part thereof to be surrendered to any such obligee.
2. Obtain the appointment of a receiver of any housing project of said municipality or any part thereof and of the rents and profits therefrom, and provide that, if a receiver be appointed, the receiver may enter and take possession of such housing project or any part thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the municipality as the court shall direct.
3. Require said municipality and the officers, agents, and employees thereof to account as if it and they were the trustees of an express trust.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.16]
2016 Acts, ch 1011, §64
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.17 - Exemption of property from execution sale.

403A.17 Exemption of property from execution sale.
All property, including funds, owned or held by a municipality for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the municipality be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage or other security executed or issued pursuant to this chapter or the right of obligees to pursue any remedies for the enforcement of any pledge or lien on rents, fees, or revenues or the right of the federal government to pursue any remedies conferred upon it pursuant to the provisions of this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.17]
2016 Acts, ch 1011, §65
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.18 - Transfer of possession or title to federal government.

403A.18 Transfer of possession or title to federal government.
In any contract with the federal government for annual contributions to a municipality, the municipality may obligate itself, which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other law, to convey to the federal government possession of or title to the housing project to which such contract relates, upon the occurrence of a substantial default as defined in such contract with respect to the covenant or conditions to which the municipality is subject. The contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the housing project and funds in accordance with the terms of the contract, provided that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the housing project have been cured and that the housing project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the municipality the housing project as then constituted.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.18]
2016 Acts, ch 1011, §66; 2017 Acts, ch 29, §113
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.19 - Certificate of state auditor.

403A.19 Certificate of state auditor.
The municipality may submit to the state auditor a certified copy of the proceedings for the issuance of any bonds hereunder, including the form of such bonds. Upon the submission of these documents to the state auditor, it shall be the duty of the state auditor to pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this chapter and are otherwise regular in form and if such bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the state auditor shall so certify in an opinion addressed to the municipality.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.19]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.20 - Condemnation of property.

403A.20 Condemnation of property.
A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with a municipal housing project under this chapter, subject to the limitations on eminent domain authority in chapter 6A. A municipality shall exercise the power of eminent domain in the manner provided in chapter 6B. Property already devoted to a public use may be acquired in like manner. However, real property belonging to the state, or any political subdivision thereof, shall not be acquired without its consent, and real property or any right or interest in the property owned by any public utility company, pipeline company, railway or transportation company vested with the right of eminent domain under the laws of this state shall not be acquired without the consent of the company, or without first securing, after due notice to the company and after hearing, a certificate authorizing condemnation of such property from the board, commission, or body having the authority to grant a certificate authorizing condemnation.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.20]
2006 Acts, 1st Ex, ch 1001, §40, 49
Referred to in §403A.3
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.21 - Cooperation in undertaking housing projects.

403A.21 Cooperation in undertaking housing projects.
1. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine:
a. Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses or any other rights or privileges therein to any municipality, or to the federal government.
b. Cause parks, playgrounds, recreational community, educational, water, sewer or drainage facilities or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects.
c. Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake.
d. Cause services to be furnished for housing projects of the character which such state public body is otherwise empowered to furnish.
e. Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing of unsafe, insanitary or unfit dwellings.
f. Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects.
g. Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this chapter.
h. Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with any municipality respecting action to be taken by such state public body pursuant to any of the powers granted by this chapter. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of municipal housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.
2. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease, or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement, or public bidding.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.21]
2011 Acts, ch 25, §39
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.23 - Eligibility of persons receiving public assistance.

403A.23 Eligibility of persons receiving public assistance.
Any statute to the contrary notwithstanding, no person otherwise eligible to be a tenant in a municipal housing project, shall be declared ineligible therefor or denied occupancy therein merely because the person is receiving in some form public assistance such as federal supplemental security income or state supplementary payments, as defined by section 249.1, or welfare assistance, unemployment compensation, social security payments, etc.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.23]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.24 - Chapter controlling.

403A.24 Chapter controlling.
The provisions of this chapter shall be controlling, notwithstanding anything to the contrary contained in any other law of this state, or local ordinance. Any action of a municipality or the governing body thereof in carrying out the purposes of this chapter, whether by resolution, ordinance or otherwise, shall be deemed administrative in character, and no public notice or publication need be made with respect to such action taken.
[C62, 66, 71, 73, 75, 77, 79, 81, §403A.24]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.27 - Percentage of rent as taxes.

403A.27 Percentage of rent as taxes.
Any provision of this chapter notwithstanding, no housing project shall be approved unless as a condition at least ten percent of all rents and supplemental rental aid shall be paid annually as taxes to the office of the treasurer in the respective county in which said project is located, except as to the use of dwelling units in existing structures leased from private owners.
[C71, 73, 75, 77, 79, 81, §403A.27]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 403A - MUNICIPAL HOUSING PROJECTS › Section 403A.28 - Public hearing required.

403A.28 Public hearing required.
The municipal housing agency shall not undertake any low-cost housing project until such time as a public hearing has been called, at which time the agency shall advise the public of the name of the proposed project, its location, the number of living units proposed and their approximate cost. Notice of the public hearing on the proposed project shall be published at least once in a newspaper of general circulation within the municipality, at least fifteen days prior to the date set for the hearing.
[C73, 75, 77, 79, 81, §403A.28]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 404 - URBAN REVITALIZATION TAX EXEMPTIONS › Section 404.1 - Area established by city or county.

404.1 Area established by city or county.
The governing body of a city may, by ordinance, designate an area of the city or the governing body of a county may, by ordinance, designate an area of the county outside the boundaries of a city, as a revitalization area, if that area is any of the following:
1. An area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and which is detrimental to the public health, safety, or welfare.
2. An area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use.
3. An area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use.
4. An area which is appropriate as an economic development area as defined in section 403.17.
5. An area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing.
[C81, §404.1]
91 Acts, ch 214, §6, 7; 97 Acts, ch 214, §10
Referred to in §404.2, 404.3A, 419.17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 404 - URBAN REVITALIZATION TAX EXEMPTIONS › Section 404.3A - Residential development area exemption.

404.3A Residential development area exemption.
Notwithstanding the schedules provided for in section 404.3, all qualified real estate assessed as residential property, excluding property classified as residential property under section 441.21, subsection 14, paragraph “a”, subparagraph (6), in an area designated under section 404.1, subsection 5, is eligible to receive an exemption from taxation on the first seventy-five thousand dollars of actual value added by the improvements. The exemption is for a period of five years.
97 Acts, ch 214, §11; 2021 Acts, ch 20, §6, 14, 15
Referred to in §404.3, 419.17
2021 amendment applies to assessment years beginning on or after January 1, 2022; 2021 Acts, ch 20, §15
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 404 - URBAN REVITALIZATION TAX EXEMPTIONS › Section 404.3B - Abandoned real property exemption.

404.3B Abandoned real property exemption.
1. Notwithstanding the schedules provided for in section 404.3, a city or county may provide that all qualified real estate that meets the definition of abandoned as stated in section 657A.1 is eligible to receive an exemption from taxation based on the schedule set forth in subsection 2 or 3.
2. All qualified real estate described in subsection 1 is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of fifteen years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows:
a. For the first year, eighty percent.
b. For the second year, seventy-five percent.
c. For the third year, seventy percent.
d. For the fourth year, sixty-five percent.
e. For the fifth year, sixty percent.
f. For the sixth year, fifty-five percent.
g. For the seventh year, fifty percent.
h. For the eighth year, forty-five percent.
i. For the ninth year, forty percent.
j. For the tenth year, thirty-five percent.
k. For the eleventh year, thirty percent.
l. For the twelfth year, twenty-five percent.
m. For the thirteenth year, twenty percent.
n. For the fourteenth year, twenty percent.
o. For the fifteenth year, twenty percent.
3. All qualified real estate described in subsection 1 is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improvements. The exemption is for a period of five years.
2004 Acts, ch 1165, §4, 11, 12
Referred to in §404.3, 419.17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 404 - URBAN REVITALIZATION TAX EXEMPTIONS › Section 404.4 - Prior approval of eligibility.

404.4 Prior approval of eligibility.
1. A person may submit a proposal for an improvement project to the governing body of the city or county to receive prior approval for eligibility for a tax exemption on the project. The governing body shall, by resolution, give its prior approval for an improvement project if the project is in conformance with the plan for revitalization developed by the city or county. Such prior approval shall not entitle the owner to exemption from taxation until the improvements have been completed and found to be qualified real estate; however, if the proposal is not approved, the person may submit an amended proposal for the governing body to approve or reject.
2. An application shall be filed for each new exemption claimed. The first application for an exemption shall be filed by the owner of the property with the governing body of the city or county in which the property is located by February 1 of the assessment year for which the exemption is first claimed, but not later than the year in which all improvements included in the project are first assessed for taxation, or the following two assessment years, in which case the exemption is allowed for the total number of years in the exemption schedule. However, upon the request of the owner at any time, the governing body of the city or county provides by resolution that the owner may file an application by February 1 of any other assessment year selected by the governing body in which case the exemption is allowed for the number of years remaining in the exemption schedule selected. The application shall contain but not be limited to all of the following information:
a. The nature of the improvement.
b. The cost of the improvement project.
c. The estimated or actual date of completion.
d. The tenants that occupied the owner’s building on the date the city or county adopted the resolution referred to in section 404.2, subsection 1.
e. Which exemption in section 404.3 or in the different schedule, if one has been adopted, will be elected.
3. The governing body of the city or county shall approve the application, subject to review by the local assessor pursuant to section 404.5, if the project is in conformance with the plan for revitalization developed by the city or county, is located within a designated revitalization area, and if the improvements were made during the time the area was so designated. The governing body of the city or county shall forward for review all approved applications to the appropriate local assessor by March 1 of each year with a statement indicating whether section 404.3, subsection 1, 2, 3, or 4 applies or if a different schedule has been adopted, which exemption from that schedule applies. Applications for exemption for succeeding years on approved projects shall not be required.
[C81, §404.4]
87 Acts, ch 156, §1; 91 Acts, ch 214, §11; 92 Acts, ch 1191, §2, 4; 2001 Acts, ch 116, §2; 2002 Acts, ch 1151, §1, 36; 2015 Acts, ch 30, §115
Referred to in §404.5, 419.17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 404 - URBAN REVITALIZATION TAX EXEMPTIONS › Section 404.5 - Physical review of property by assessor.

404.5 Physical review of property by assessor.
1. The local assessor shall review each first-year application by making a physical review of the property, to determine if the improvements made increased the actual value of the qualified real estate by at least fifteen percent or at least ten percent in the case of real property assessed as residential property or the applicable percent increase requirement adopted by the city or county under section 404.2. If the assessor determines that the actual value of that real estate has increased by at least the requisite percent, the assessor shall proceed to determine the actual value of the property and certify the valuation determined pursuant to section 404.3 to the county auditor at the time of transmitting the assessment rolls. However, if a new structure is erected on land upon which no structure existed at the start of the new construction, the assessor shall proceed to determine the actual value of the property and certify the valuation determined pursuant to section 404.3 to the county auditor at the time of transmitting the assessment rolls. The assessor shall notify the applicant of the determination, and the assessor’s decision may be appealed to the local board of review at the times specified in section 441.37. If an application for exemption is denied as a result of failure to sufficiently increase the value of the real estate as provided in section 404.3, the owner may file a first annual application in a subsequent year when additional improvements are made to satisfy requirements of section 404.3, and the provisions of section 404.4 shall apply. After the tax exemption is granted, the local assessor shall continue to grant the tax exemption, with periodic physical review by the assessor, for the time period specified in section 404.3, subsection 1, 2, 3, or 4, or specified in the different schedule if one has been adopted, under which the exemption was granted. The tax exemptions for the succeeding years shall be granted without the taxpayer having to file an application for the succeeding years.
2. For the purposes of this section, the actual value of the property upon which the value of improvements in the form of rehabilitation or additions to existing structures shall be determined shall be the lower of either the amount listed on the assessment rolls in the assessment year in which such improvements are first begun or the price paid by the owner if the improvements in the form of rehabilitation or additions to existing structures were begun within one year of the date the property was purchased and the sale was a fair and reasonable exchange between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and each being familiar with all the facts relating to the particular property.
[C81, §404.5]
91 Acts, ch 214, §11; 92 Acts, ch 1191, §3, 4; 96 Acts, ch 1204, §40, 41; 2016 Acts, ch 1011, §67
Referred to in §404.2, 404.4, 419.17