House File 2320 HOUSE FILE BY HOGG and LUKAN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to disposition of an award of damages in a 2 condemnation proceeding pending appeal of the award to 3 district court. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6178HH 80 6 sc/cf/24 PAG LIN 1 1 Section 1. Section 6B.23, Code 2003, is amended to read as 1 2 follows: 1 3 6B.23 QUESTION DETERMINED. 1 4 On the trial of the appeal, no judgment shall be rendered 1 5 except for costs and allocation of interest earned pursuant to 1 6 section 6B.25, but the amount of damages shall be ascertained 1 7 and entered of record. 1 8 Sec. 2. Section 6B.25, Code 2003, is amended by adding the 1 9 following new unnumbered paragraph: 1 10 NEW UNNUMBERED PARAGRAPH. If an award of damages is 1 11 appealed to district court, the amount deposited with the 1 12 sheriff, less the amount paid by the sheriff to the claimant, 1 13 shall be transferred to the clerk of district court where the 1 14 appeal was filed and the clerk shall deposit the money in an 1 15 interest=bearing account. The district court in its judgment 1 16 rendered pursuant to section 6B.23 shall determine which party 1 17 is to receive the interest earned on the account. 1 18 EXPLANATION 1 19 This bill provides that when an award of damages in a 1 20 condemnation proceeding is appealed to district court, the 1 21 sheriff shall transfer to the clerk of district court where 1 22 the appeal is taken the balance of the damages award not paid 1 23 to the claimant. The bill requires the clerk of district 1 24 court to deposit the balance of the award in an interest= 1 25 bearing account. The bill provides that the district court, 1 26 when rendering judgment on assessment of court costs, shall 1 27 also determine which party is to receive the interest earned 1 28 on the account. 1 29 LSB 6178HH 80 1 30 sc/cf/24 1 31 1 32 1 33 1 34 1 35