Text: H03471 Text: H03473 Text: H03400 - H03499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-3327, to House File 166 as
1 2 follows:
1 3 #1. Page 2, by inserting after line 17 the
1 4 following:
1 5 " . "Homeowner" means a person who owns and
1 6 permanently occupies a residence that the person may
1 7 claim as a homestead under chapter 425."
1 8 #2. Page 3, by inserting after line 46 the follow-
1 9 ing:
1 10 "Sec. . NEW SECTION. 651A.7A HOMEOWNER RIGHT
1 11 OF ACTION.
1 12 1. A homeowner may commence an action in state
1 13 court in the district where the homeowner's residence
1 14 is located to recover financial compensation for any
1 15 diminution or loss in the value of the homeowner's
1 16 homestead against any person whose activity conducted
1 17 pursuant to state law has caused or significantly
1 18 contributed to the diminution or loss in value of the
1 19 homestead. In bringing such action, the homeowner
1 20 shall have the burden of demonstrating that the
1 21 activity conducted by the defendant pursuant to state
1 22 law caused a reduction in the value or use of the
1 23 homeowner's homestead.
1 24 2. A homeowner authorized to bring suit under this
1 25 section shall be entitled to recover against the
1 26 person an amount equal to the diminution or loss in
1 27 value of the homestead. Compensation for diminution
1 28 or loss in value shall be determined by the fair
1 29 market value of the homestead in the absence of the
1 30 challenged activity minus the fair market value of the
1 31 homestead reduced by the effects of the activity. The
1 32 court also may enjoin violations of any statute, rule,
1 33 or permit, the violation of which has caused or
1 34 contributed to the diminution or loss of the
1 35 homeowner's homestead value.
1 36 3. A homeowner who receives a compensation award
1 37 under this section shall be awarded reasonable
1 38 attorney's fees, including the cost of expert
1 39 witnesses and other reasonable court costs as are
1 40 necessarily incurred by the prevailing homeowner.
1 41 4. Prior to filing suit under this section, a
1 42 homeowner shall deliver a notice of intent to sue to
1 43 the person allegedly liable under this section, and to
1 44 the head of the agency implementing the law governing
1 45 the challenged activity, at least thirty days prior to
1 46 the filing of the suit. If either party requests that
1 47 the agency attempt to achieve an informal resolution
1 48 of a claim, the agency head shall convene a meeting of
1 49 the parties and use best efforts to arrive at a just
1 50 resolution of the claim in order to avoid unnecessary
2 1 litigation costs."
2 2 #3. Page 3, by inserting after line 49 the
2 3 following:
2 4 "# . Title page, line 3, by inserting after the
2 5 word "action" the following: "or other action,"."
2 6
2 7
2 8
2 9 KOENIGS of Mitchell
2 10 HF 166.507 76
2 11 da/jw
Text: H03471 Text: H03473 Text: H03400 - H03499 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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