Senate File 2333 - Introduced
SENATE FILE 2333
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO SSB 3112)
A BILL FOR
1 An Act relating to the powers of public and nonpublic schools
2 and political subdivisions regarding the sale, lease, or
3 transfer of real property for educational purposes.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 279.41, Code 2024, is amended by adding
2 the following new subsection:
3 NEW SUBSECTION. 3. The disposition of real property
4 containing a building or structure under this section is
5 subject to section 280.36.
6 Sec. 2. NEW SECTION. 280.36 Political subdivision property
7 for sale, lease, or transfer.
8 1. For purposes of this section, “political subdivision”
9 includes a county, city, or township.
10 2. Except as otherwise provided in this section, a political
11 subdivision shall not adopt, enforce, or administer an
12 ordinance, policy, or resolution that prohibits real property
13 containing a building or structure sold, leased, or transferred
14 by a public school from being used for any lawful educational
15 purpose by a nonpublic school.
16 3. A political subdivision shall not impose or enforce
17 any deed restriction that prohibits real property containing
18 a building or structure sold, leased, or transferred by
19 the political subdivision from being used for any lawful
20 educational purpose by a public school or a nonpublic school.
21 4. If a nonpublic school is the highest bidder for the
22 purchase of real property containing a building or structure,
23 the public school shall sell the property to the nonpublic
24 school.
25 5. A public school or a nonpublic school shall not implement
26 a deed restriction that prohibits a public school or a
27 nonpublic school from bidding on or purchasing real property
28 containing a building or structure. A deed restriction
29 violating this subsection shall be void and severable from the
30 deed and the deed may continue as valid.
31 Sec. 3. Section 297.15, subsection 1, Code 2024, is amended
32 to read as follows:
33 1. Any sale, lease, or transfer of real estate, owned
34 by a school district, containing less than two acres, and
35 situated wholly outside of a city, and not adjacent thereto,
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1 and heretofore used as a schoolhouse site shall must be in
2 accordance with section 280.36. If the real estate is not
3 purchased or leased by or transferred to a public school or a
4 nonpublic school, the building or structure shall revert to the
5 then owner of the tract from which the same was taken, provided
6 that said owner of the tract last aforesaid shall, within the
7 time hereinafter prescribed, pay the value thereof to such
8 school district.
9 Sec. 4. Section 297.22, subsection 1, paragraph a, Code
10 2024, is amended to read as follows:
11 a. The Subject to section 280.36, the board of directors
12 of a school district may sell, lease, or dispose of, in whole
13 or in part, a schoolhouse, school site, or other property
14 belonging to the district. If the real property contains less
15 than two acres, is located outside of a city, is not adjacent
16 to a city, and was previously used as a schoolhouse site, the
17 procedure contained in sections 297.15 through 297.20 shall be
18 followed in lieu of this section.
19 Sec. 5. Section 297.22, subsection 2, paragraph a, Code
20 2024, is amended to read as follows:
21 a. The Subject to section 280.36, the board of directors of
22 a school district may sell, lease, exchange, give, or grant,
23 and accept any interest in real property to, with, or from
24 a county, municipal corporation, school district, township,
25 or area education agency if the real property is within the
26 jurisdiction of both the grantor and grantee.
27 Sec. 6. Section 331.301, Code 2024, is amended by adding the
28 following new subsection:
29 NEW SUBSECTION. 23. a. Except as otherwise provided
30 in this subsection, a county shall not adopt, enforce, or
31 administer an ordinance, policy, or resolution that prohibits
32 real property containing a building or structure sold, leased,
33 or transferred by the county from being used for any lawful
34 educational purpose by a public school or a nonpublic school.
35 b. A county shall not adopt or enforce any deed restriction
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1 that prohibits real property containing a building or structure
2 sold, leased, or transferred by the county from being used
3 for any lawful educational purpose by a public school or a
4 nonpublic school.
5 Sec. 7. Section 359.37, Code 2024, is amended by adding the
6 following new subsection:
7 NEW SUBSECTION. 3. a. Except as otherwise provided in this
8 subsection, a township shall not adopt, enforce, or administer
9 a policy or resolution that prohibits real property containing
10 a building or structure sold, leased, or transferred by the
11 township from being used for any lawful educational purpose by
12 a public school or a nonpublic school.
13 b. A township shall not adopt or enforce any deed
14 restriction that prohibits real property containing a building
15 or structure sold, leased, or transferred by the township from
16 being used for any lawful educational purpose by a public
17 school or a nonpublic school.
18 Sec. 8. Section 364.3, Code 2024, is amended by adding the
19 following new subsection:
20 NEW SUBSECTION. 18. a. Except as otherwise provided in
21 this subsection, a city shall not adopt, enforce, or administer
22 an ordinance, policy, or resolution that prohibits real
23 property containing a building or structure sold, leased,
24 or transferred by the city from being used for any lawful
25 educational purpose by a public school or a nonpublic school.
26 b. A city shall not adopt or enforce any deed restriction
27 that prohibits real property containing a building or structure
28 sold, leased, or transferred by the city from being used
29 for any lawful educational purpose by a public school or a
30 nonpublic school.
31 EXPLANATION
32 The inclusion of this explanation does not constitute agreement with
33 the explanation’s substance by the members of the general assembly.
34 This bill relates to the power of public and nonpublic
35 schools and political subdivisions regarding the sale, lease,
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1 or transfer of property for educational purposes. A political
2 subdivision includes a county, city, or township. Political
3 subdivisions are prohibited from adopting and enforcing
4 an ordinance, policy, or resolution prohibiting the sale,
5 lease, or transfer of real property containing a building or
6 structure to a public or nonpublic school solely because the
7 public or nonpublic school intends to use the property for a
8 lawful educational purpose. The bill prohibits a political
9 subdivision, public school, or nonpublic school from adopting
10 or enforcing a deed restriction prohibiting a public or
11 nonpublic school from bidding on or purchasing real property
12 containing a building or structure or using such property,
13 once acquired, for any lawful educational purpose. If a
14 public school is accepting bids for a real property containing
15 a building or structure and a nonpublic school submits the
16 highest bid, the public school shall sell the property to the
17 nonpublic school.
18 The bill provides a public school and nonpublic school
19 the opportunity to purchase or lease property of less than
20 two acres outside the limits of a city that is owned by a
21 school district before the former owner of the real estate may
22 purchase the property.
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Statutes affected:
Introduced: 279.41, 297.15, 297.22, 280.36, 359.37, 364.3