House Journal: Page 832: Monday, March 18, 2002
16 of mailing the notice of the appraisement of damages,
17 appeal to the district court by filing notice of
18 appeal with the district court of the county in which
19 the real estate is located and by giving written
20 notice to the sheriff that the appeal has been taken.
21 The sheriff shall endorse the date of mailing of
22 notice upon the original appraisement of damages. At
23 the time of appeal, the appellant shall give written
24 notice that the appeal has been taken to the adverse
25 party, or the adverse party's agent or attorney,
26 lienholders, and the sheriff.
27 2. An appeal of appraisement of damages is deemed
28 to be perfected upon filing of a notice of appeal with
29 the district court within thirty days from the date of
30 mailing the notice of appraisement of damages. The
31 notice of appeal shall be served on the adverse party,
32 or the adverse party's agent or attorney, any
33 lienholders and encumbrancers of the property in the
34 same manner as an original notice within thirty days
35 from the date of filing the notice of appeal unless,
36 for good cause shown, the court grants more than
37 thirty days. If after reasonable diligence, the
38 notice cannot be personally served, the court may
39 prescribe an alternative method of service consistent
40 with due process of law.
41 3. In case of condemnation proceedings instituted
42 by the state department of transportation, when the
43 owner appeals from the assessment made, such notice of
44 appeal shall be served upon the attorney general, or
45 the department general counsel to the state department
46 of transportation, or the chief highway engineer for
47 the department.
48 Sec. . Section 6B.22, Code 2001, is amended to
49 read as follows:
50 6B.22 PLEADINGS ON APPEAL.
Page 2
1 A written petition shall be filed by the plaintiff
2 within twenty thirty days after perfection of the
3 appeal, stating specifically the items of damage and
4 the amount thereof. The court may for good cause
5 shown grant additional time for the filing of the
6 petition. The defendant shall file a written answer
7 to plaintiff's petition, or such other pleadings as
8 may be proper."
9 2. Page 1, by inserting after line 34, the
10 following:
11 "Sec. . Section 6B.33, Code 2001, is amended to
12 read as follows:
13 6B.33 COSTS AND ATTORNEY FEES.
14 The applicant shall pay all costs of the assessment
© 2002 Cornell College and
League of Women Voters of Iowa
Comments about this site or page?
hjourn@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: Tue Mar 19 09:10:00 CST 2002
URL: /DOCS/GA/79GA/Session.2/HJournal/00800/00832.html
jhf