Text: H08303                            Text: H08305
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8304

Amendment Text

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.  At
  1 23 the time of appeal, the appellant shall give written
  1 24 notice that the appeal has been taken to the adverse
  1 25 party, or the adverse party's agent or attorney,
  1 26 lienholders, 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 within twenty thirty 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

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Sat Mar 16 03:25:52 CST 2002
URL: /DOCS/GA/79GA/Legislation/H/08300/H08304/020315.html
jhf