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House Study Bill 20

Bill Text

PAG LIN
  1  1    Section 1.  Section 6B.33, Code 1997, is amended to read as
  1  2 follows:
  1  3    6B.33  COSTS AND ATTORNEY FEES.
  1  4    The applicant shall pay all costs of the assessment made by
  1  5 the commissioners and reasonable attorney fees and costs
  1  6 incurred by the condemnee as determined by the commissioners
  1  7 if the award of the commissioners exceeds one hundred ten
  1  8 percent of the final offer of the applicant prior to
  1  9 condemnation.  The applicant shall file with the sheriff an
  1 10 affidavit setting forth the most recent offer made to the
  1 11 person whose property is sought to be condemned.  Members of
  1 12 such commissions shall receive a per diem of fifty one hundred
  1 13 dollars and actual and necessary expenses incurred in the
  1 14 performance of their official duties.  The applicant shall
  1 15 also pay all costs occasioned by the appeal, including
  1 16 reasonable attorney fees to be taxed by the court, unless on
  1 17 the trial thereof the same or a less amount of damages is
  1 18 awarded than was allowed by the tribunal from which the appeal
  1 19 was taken.
  1 20    Sec. 2.  Section 331.655, subsection 1, paragraph e, Code
  1 21 1997, is amended to read as follows:
  1 22    e.  For summoning a jury compensation commission to assess
  1 23 the damages to the owners of lands taken for works of internal
  1 24 improvement, and attending them, sixty one hundred dollars per
  1 25 day, and necessary expenses incurred.  If the service of a
  1 26 summons to a commissioner is made by personal service, the fee
  1 27 shall be fifteen dollars and mileage.  This subsection does
  1 28 not allow a sheriff to make separate charges for different
  1 29 assessments which can be made by the same jury compensation
  1 30 commission and completed in one day of ten hours.
  1 31    Sec. 3.  Notwithstanding chapter 25B, this Act does not
  1 32 create a state mandate and any increased costs resulting from
  1 33 this Act are the liability of the political subdivisions
  1 34 incurring the costs.  
  1 35                           EXPLANATION
  2  1    This bill increases the per diem paid to the sheriff from
  2  2 $60 to $100 for summoning and attending a compensation
  2  3 commission to assess damages in an eminent domain proceeding.
  2  4 If a personal service of a summons is made to a commissioner,
  2  5 a fee at the rate of $15 and mileage shall be charged.  The
  2  6 bill also increases from $50 to $100 the per diem of members
  2  7 of a compensation commission.
  2  8    If the additional fees cost more than $100,000 in one year
  2  9 or $500,000 within five years, the costs do not constitute a
  2 10 state mandate pursuant to section 25B.2, subsection 3.  The
  2 11 costs are the liability of the political subdivisions which
  2 12 incur the costs.  
  2 13 TLSB 1684HC 77
  2 14 tj/jw/5
     

Text: HSB00019                          Text: HSB00021
Text: HSB00000 - HSB00099               Text: HSB Index
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