6B.1 Definitions. 1. As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2. For purposes of this chapter, an “acquiring agency” means the state of Iowa or […]
6B.11 Filing of notices and return of service. Notices, immediately after the service thereof, shall, with proper return of service endorsed thereon or attached thereto, be filed with the sheriff. The sheriff shall at once cause the commissioners to be notified of the day and hour when they will be required to proceed with the […]
6B.12 Notice when residence unknown. Repealed by 2000 Acts, ch 1179, §29, 30 .
6B.13 Service outside state. Repealed by 2000 Acts, ch 1179, §29, 30 .
6B.14 Appraisement — report. 1. The commissioners shall, at the time fixed in the notices required under section 6B.8, view the land sought to be condemned and assess the damages which the owner will sustain by reason of the appropriation. The commission shall file its written report, signed by all commissioners, with the sheriff. At […]
6B.15 Guardianship. In all cases where any interest in lands sought to be condemned is owned by a person who is under legal disability and has no guardian of the person’s property, the applicant shall, prior to the filing of the application with the sheriff, apply to the district court for the appointment of a […]
6B.16 Power of guardian. If the owner of any lands is under guardianship, such guardian may, under the direction of the district court, or judge thereof, agree and settle with the applicant for all damages resulting from the taking of such lands, and give valid conveyances thereof. [R60, §1316; C73, §1246; C97, §2001; C24, 27, […]
6B.17 When appraisement final. The appraisement of damages returned by the commissioners shall be final unless appealed from. [C24, 27, 31, 35, 39, §7838; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.17] C93, §6B.17
6B.18 Notice of appraisement — appeal of award — notice of appeal. 1. After the appraisement of damages has been delivered to the sheriff by the compensation commission, the sheriff shall give written notice, by ordinary mail, to the condemner and the condemnee of the date on which the appraisement of damages was made, the […]
6B.19 Service of notice — highway matters. Repealed by 2002 Acts, ch 1063, §15 .
6B.1A Procedure provided. The procedure for the condemnation of private property for works of internal improvement, and for other public projects, uses, or purposes, unless and except as otherwise provided by law, shall be in accordance with the provisions of this chapter. This chapter shall not apply to the dedication of property to an acquiring […]
6B.2 By whom conducted. 1. Such proceedings shall be conducted: a. By the attorney general when the damages are payable from the state treasury. b. By the county attorney, when the damages are payable from funds disbursed by the county or by any township. c. By the city attorney, when the damages are payable from […]
6B.21 Appeals — how docketed and tried. The appeal shall be docketed in the name of the person appealing and all other interested parties to the action shall be defendants. In the event the condemner and the condemnee appeal, the appeal shall be docketed in the name of the appellant which filed the application for […]
6B.22 Pleadings on appeal. A written petition shall be filed by the plaintiff within thirty days after perfection of the appeal, stating specifically the items of damage and the amount thereof. The court may for good cause shown grant additional time for the filing of the petition. The defendant shall file a written answer to […]
6B.23 Question determined. On the trial of the appeal, no judgment shall be rendered except for costs and allocation of interest earned pursuant to section 6B.25, but the amount of damages shall be ascertained and entered of record. [C73, §1257; C97, §2011; C24, 27, 31, 35, 39, §7842; C46, 50, 54, 58, 62, 66, 71, […]
6B.24 Reduction of damages — interest on increased award. If the amount of damages awarded by the commissioners is decreased on appeal, the reduced amount shall be paid to the landowner. If the amount of damages awarded by the commissioners is increased on appeal, interest shall be paid from the date of the condemnation. Interest […]
6B.25 Right to take possession of lands — title — damages award. 1. a. Upon the filing of the commissioners’ report with the sheriff, the applicant may deposit with the sheriff the amount assessed in favor of a claimant, and the applicant, except as otherwise provided, may take possession of the land condemned and proceed […]
6B.26 Dispossession of landowner or injury to property — limitation. 1. A landowner shall not be dispossessed under condemnation proceedings of the landowner’s residence, dwelling house, outbuildings if the residence or dwelling house is also acquired, orchard, or garden, until the damages thereto have been finally determined and paid. However, if the property described in […]
6B.2A Notice of proposed public improvement. 1. An acquiring agency shall provide written notice of a public hearing to each owner and any contract purchaser of record of agricultural land that may be the subject of condemnation. The authority under this chapter is not conferred and condemnation proceedings shall not begin unless a good faith […]
6B.2B Acquisition negotiation. The acquiring agency shall make a good faith effort to negotiate with the owner to purchase the private property or property interest before filing an application for condemnation or otherwise proceeding with the condemnation process. An acquiring agency shall not make an offer to purchase the property or property interest that is […]
