Text: H08303 Text: H08305 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2192, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting after line 18, the 1 4 following: 1 5 "Sec. . Section 6B.18, Code 2001, is amended to 1 6 read as follows: 1 7 6B.18 NOTICE OF APPRAISEMENT APPEAL OF AWARD 1 8 NOTICE OF APPEAL. 1 9 1. After the appraisement of damages has been 1 10 delivered to the sheriff by the compensation 1 11 commission, the sheriff shall give written notice, by 1 12 ordinary mail, to the condemner and the condemnee of 1 13 the date on which the appraisement of damages was 1 14 made, the amount of the appraisement, and that any 1 15 interested party may, within thirty days from the date 1 16 of mailing the notice of the appraisement of damages, 1 17 appeal to the district court by filing notice of 1 18 appeal with the district court of the county in which 1 19 the real estate is located and by giving written 1 20 notice to the sheriff that the appeal has been taken. 1 21 The sheriff shall endorse the date of mailing of 1 22 notice upon the original appraisement of damages.At1 23the time of appeal, the appellant shall give written1 24notice that the appeal has been taken to the adverse1 25party, or the adverse party's agent or attorney,1 26lienholders, and the sheriff.1 27 2. An appeal of appraisement of damages is deemed 1 28 to be perfected upon filing of a notice of appeal with 1 29 the district court within thirty days from the date of 1 30 mailing the notice of appraisement of damages. The 1 31 notice of appeal shall be served on the adverse party, 1 32 or the adverse party's agent or attorney, any 1 33 lienholders and encumbrancers of the property in the 1 34 same manner as an original notice within thirty days 1 35 from the date of filing the notice of appeal unless, 1 36 for good cause shown, the court grants more than 1 37 thirty days. If after reasonable diligence, the 1 38 notice cannot be personally served, the court may 1 39 prescribe an alternative method of service consistent 1 40 with due process of law. 1 41 3. In case of condemnation proceedings instituted 1 42 by the state department of transportation, when the 1 43 owner appeals from the assessment made, such notice of 1 44 appeal shall be served upon the attorney general, or 1 45 the department general counsel to the state department 1 46 of transportation, or the chief highway engineer for 1 47 the department. 1 48 Sec. . Section 6B.22, Code 2001, is amended to 1 49 read as follows: 1 50 6B.22 PLEADINGS ON APPEAL. 2 1 A written petition shall be filed by the plaintiff 2 2 withintwentythirty days after perfection of the 2 3 appeal, stating specifically the items of damage and 2 4 the amount thereof. The court may for good cause 2 5 shown grant additional time for the filing of the 2 6 petition. The defendant shall file a written answer 2 7 to plaintiff's petition, or such other pleadings as 2 8 may be proper." 2 9 #2. Page 1, by inserting after line 34, the 2 10 following: 2 11 "Sec. . Section 6B.33, Code 2001, is amended to 2 12 read as follows: 2 13 6B.33 COSTS AND ATTORNEY FEES. 2 14 The applicant shall pay all costs of the assessment 2 15 made by the commissioners and reasonable attorney fees 2 16 and costs incurred by the condemnee as determined by 2 17 the commissioners if the award of the commissioners 2 18 exceeds one hundred ten percent of the final offer of 2 19 the applicant prior to condemnation. The condemnee 2 20 shall submit an application for fees and costs prior 2 21 to adjournment of the final meeting of the 2 22 compensation commission held on the matter. The 2 23 applicant shall file with the sheriff an affidavit 2 24 setting forth the most recent offer made to the person 2 25 whose property is sought to be condemned. Members of 2 26 such commissions shall receive a per diem of two 2 27 hundred dollars and actual and necessary expenses 2 28 incurred in the performance of their official duties. 2 29 The applicant shall reimburse the county sheriff for 2 30 the per diem and expense amounts paid by the sheriff 2 31 to the members. The applicant shall reimburse the 2 32 owner for the expenses the owner incurred for 2 33 recording fees, penalty costs for full or partial 2 34 prepayment of any preexisting recorded mortgage 2 35 entered into in good faith encumbering the property, 2 36 and for similar expenses incidental to conveying the 2 37 property to the applicant. The applicant shall also 2 38 pay all costs occasioned by the appeal, including 2 39 reasonable attorney fees to be taxed by the court, 2 40 unless on the trial thereof the same or a lesser 2 41 amount of damages is awarded than was allowed by the 2 42 tribunal from which the appeal was taken." 2 43 #3. Page 6, by inserting after line 2, the 2 44 following: 2 45 "Sec. . Section 6B.19, Code 2001, is repealed." 2 46 #4. Title page, line 1, by striking the word 2 47 "vehicles," and inserting the following: "vehicles 2 48 and condemnation,". 2 49 #5. By renumbering as necessary. 2 50 3 1 3 2 3 3 PETERSEN of Polk 3 4 SF 2192.701 79 3 5 sc/cls
Text: H08303 Text: H08305 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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