Text: HF02435 Text: HF02437 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6B.18, Code 2001, is amended to read as 1 2 follows: 1 3 6B.18 NOTICE OF APPRAISEMENT – APPEAL OF AWARD – NOTICE 1 4 OF APPEAL. 1 5 1. After the appraisement of damages has been delivered to 1 6 the sheriff by the compensation commission, the sheriff shall 1 7 give written notice, by ordinary mail, to the condemner and 1 8 the condemnee of the date on which the appraisement of damages 1 9 was made, the amount of the appraisement, and that any 1 10 interested party may, within thirty days from the date of 1 11 mailing the notice of the appraisement of damages, appeal to 1 12 the district court by filing notice of appeal with the 1 13 district court of the county in which the real estate is 1 14 located. The sheriff shall endorse the date of mailing of 1 15 notice upon the original appraisement of damages.At the time1 16of appeal, the appellant shall give written notice that the1 17appeal has been taken to the adverse party, or the adverse1 18party's agent or attorney, lienholders, and the sheriff.1 19 2. An appeal of appraisement of damages is deemed to be 1 20 commenced upon filing of a notice of appeal with the district 1 21 court within thirty days from the date of mailing the notice 1 22 of appraisement of damages. The notice of appeal shall be 1 23 served on the adverse party, or the adverse party's agent or 1 24 attorney, any lienholders and encumbrancers of the property, 1 25 and the sheriff in the same manner as original notice not 1 26 later than thirty days after the filing of notice of appeal 1 27 unless, for good cause shown, the court grants more than 1 28 thirty days. If after reasonable diligence, the notice cannot 1 29 be personally served, the court may prescribe an alternative 1 30 method of service consistent with due process of law. 1 31 3. In case of condemnation proceedings instituted by the 1 32 state department of transportation, when the owner appeals 1 33 from the assessment made, such notice of appeal shall be 1 34 served upon the attorney general, or the department general 1 35 counsel to the state department of transportation, or the 2 1 chief highway engineer for the department. 2 2 Sec. 2. Section 6B.33, Code 2001, is amended to read as 2 3 follows: 2 4 6B.33 COSTS AND ATTORNEY FEES. 2 5 The applicant shall pay all costs of the assessment made by 2 6 the commissioners and reasonable attorney fees and costs 2 7 incurred by the condemnee as determined by the commissioners 2 8 if the award of the commissioners exceeds one hundred ten 2 9 percent of the final offer of the applicant prior to 2 10 condemnation. The condemnee shall submit an application for 2 11 fees and costs prior to adjournment of the final meeting of 2 12 the compensation commission held on the matter. The applicant 2 13 shall file with the sheriff an affidavit setting forth the 2 14 most recent offer made to the person whose property is sought 2 15 to be condemned. Members of such commissions shall receive a 2 16 per diem of two hundred dollars and actual and necessary 2 17 expenses incurred in the performance of their official duties. 2 18 The applicant shall reimburse the county sheriff for the per 2 19 diem and expense amounts paid by the sheriff to the members. 2 20 The applicant shall reimburse the owner for the expenses the 2 21 owner incurred for recording fees, penalty costs for full or 2 22 partial prepayment of any preexisting recorded mortgage 2 23 entered into in good faith encumbering the property, and for 2 24 similar expenses incidental to conveying the property to the 2 25 applicant. The applicant shall also pay all costs occasioned 2 26 by the appeal, including reasonable attorney fees to be taxed 2 27 by the court, unless on the trial thereof the same or a lesser 2 28 amount of damages is awarded than was allowed by the tribunal 2 29 from which the appeal was taken. 2 30 Sec. 3. Section 6B.19, Code 2001, is repealed. 2 31 EXPLANATION 2 32 This bill requires that notice of appeal of appraisement of 2 33 damages in a condemnation proceeding be filed with the 2 34 district court where the property is located within 30 days of 2 35 the sheriff's mailing of the appraisement of damages. The 3 1 bill specifies that a notice of appeal of appraisement of 3 2 damages shall be personally served by the party making the 3 3 appeal. The bill provides that notice of appeal must be 3 4 served on the adverse party, any lienholders or encumbrancers 3 5 of the property, and the sheriff within 30 days of filing of 3 6 the notice of appeal with the district court. The bill also 3 7 provides that, in all instances, the appealing party shall 3 8 serve the notice of appeal. The bill provides that if notice 3 9 cannot be personally served, the court may prescribe an 3 10 alternative method of service. 3 11 Finally, the bill provides that an application for fees and 3 12 costs occasioned by the condemnation be filed by the landowner 3 13 before adjournment of the final compensation commission 3 14 meeting held on the matter. 3 15 LSB 5631YH 79 3 16 sc/cf/24
Text: HF02435 Text: HF02437 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
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: Thu Mar 28 03:25:25 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/02400/HF02436/020219.html
jhf