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House Journal: Page 1077: Wednesday, March 29, 1995

23   homeowner's homestead.
24     2.  A homeowner authorized to bring suit under this
25   section shall be entitled to recover against the
26   person an amount equal to the diminution or loss in
27   value of the homestead.  Compensation for diminution
28   or loss in value shall be determined by the fair
29   market value of the homestead in the absence of the
30   challenged activity minus the fair market value of the
31   homestead reduced by the effects of the activity.  The
32   court also may enjoin violations of any statute, rule,
33   or permit, the violation of which has caused or
34   contributed to the diminution or loss of the
35   homeowner's homestead value.
36     3.  A homeowner who receives a compensation award
37   under this section shall be awarded reasonable
38   attorney's fees, including the cost of expert
39   witnesses and other reasonable court costs as are
40   necessarily incurred by the prevailing homeowner.
41     4.  Prior to filing suit under this section, a
42   homeowner shall deliver a notice of intent to sue to
43   the person allegedly liable under this section, and to
44   the head of the agency implementing the law governing
45   the challenged activity, at least thirty days prior to
46   the filing of the suit.  If either party requests that
47   the agency attempt to achieve an informal resolution
48   of a claim, the agency head shall convene a meeting of
49   the parties and use best efforts to arrive at a just
50   resolution of the claim in order to avoid unnecessary

Page 2  

 1   litigation costs."
 2     3.  Page 3, by inserting after line 49 the
 3   following:
 4     "   .  Title page, line 3, by inserting after the
 5   word "action" the following:  "or other action,"."
Eddie of Buena Vista rose on a point of order that amendment
H-3472 was not germane to the committee amendment H-3327.
The Speaker ruled the point well taken and amendment H-3472 not
germane to the committee amendment H-3327.
Schrader of Marion offered the following amendment H-3544, to
the committee amendment H-3327,  filed by him and moved its
adoption:
H-3544
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 2, line 22, by striking the words
 4   "suitable for use" and inserting the following:
 5   "used".

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/01000/01077.html
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