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House Journal: Page 1072: Wednesday, March 29, 1995

 6     Sec. 5.  NEW SECTION.  651A.5  JUDGMENT.
 7     1.  If the special verdict indicates the plaintiff
 8   is not entitled to recover, the district court shall
 9   enter judgment for the defendant.
10     2.  If the special verdict indicates the plaintiff
11   is entitled to recover, the district court shall enter
12   an order acknowledging the special verdict.  Within
13   forty-five days following the expiration of time for
14   appeal or issuance of procedendo following appeal, the
15   defendant shall file a notice of election with the
16   district court indicating whether or not the defendant
17   will agree to rescind the government action
18   constituting the constitutional or regulatory taking.
19   If the defendant elects to agree to rescind the
20   government action, the district court shall enter
21   judgment accordingly and award the plaintiff damages
22   equal to the economic loss indicated in the special
23   verdict.  If the defendant does not elect to rescind
24   the government action, the district court shall enter
25   a judgment for damages equal to the percentage
26   reduction in the fair market value of the property.
27   In a case where judgment for the full fair market
28   value is entered and paid, the defendant shall obtain
29   title to the property.
30     The district court shall order the payment of all
31   costs and reasonable attorney fees to any party
32   successfully establishing an inverse condemnation
33   pursuant to this chapter.
34     Sec. 6.  NEW SECTION.  651A.6  REMEDY NOT
35   EXCLUSIVE.
36     This chapter does not prevent a party from seeking
37   to recover just compensation for a constitutional
38   taking in any other manner allowed by law.
39     Sec. 7.  NEW SECTION.  651A.7  WAIVER OF RIGHTS
40   VOID.
41     An agreement by a person having an ownership
42   interest to waive or otherwise release the rights
43   under this chapter as a condition of obtaining
44   government action is void unless it is in settlement
45   of a legal claim brought under the provisions of this
46   chapter.
47     Sec. 8.  NEW SECTION.  651A.8  APPLICABILITY.
48     This chapter applies only to government action
49   adopted or enforced on or after July 1, 1995."
Shoultz of Black Hawk offered the following amendment H-3486, to
the committee amendment H-3327, filed by him and moved its
adoption:
H-3486
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/01000/01072.html
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