- The local government must offer the market rate value for use of that land.
- The term of the lease shall be for at least twenty years.
- If the local government and the provider cannot agree on the market rate for the lease, the appraisals of a three-person panel of appraisers shall determine the market rate. Each party will appoint one appraiser and the two appointed appraisers shall select a third appraiser. Each party shall bear the cost of its own appointed appraiser and equally share the cost of the third appraiser.
- Each appraiser shall then independently appraise the appropriate market rate for lease of the land. The market rate shall then be set at the median value between the highest and lowest market rates determined by the three independent appraisers. However, if the median between the appraisals of the appraisers appointed by each party is greater than or less than ten percent of the appraisal of the appraiser selected by the two appraisers, then the appraisal of the appraiser selected by the two appraisers shall determine the rate for the lease.
- The local government can then approve or reject the lease rate as determined by the appraisal process within fifteen days following completion and receipt of the appraisals. Failure to reject the lease rate within fifteen days constitutes approval of the lease rate.
Part II: Iowa’s impending wireless facilities siting legislation
HF655 contains a section governing the contractual relationship between a local government and wireless facilities provider when the provider leases public land for such facilities.
A local government shall not mandate, require, or regulate the installation, location, or use of transmission equipment on a utility pole.
HF655 dos not prohibit an airport or local government from administering and enforcing airport zoning under Iowa Code Chapter 329.
It does not infringe upon the jurisdiction of an historic preservation commission or local government to approve or deny applications for proposed alterations to exterior features within an historic preservation district, or on local historic landmarks.