House Journal: Page 833: Monday, March 18, 2002
15 made by the commissioners and reasonable attorney fees
16 and costs incurred by the condemnee as determined by
17 the commissioners if the award of the commissioners
18 exceeds one hundred ten percent of the final offer of
19 the applicant prior to condemnation. The condemnee
20 shall submit an application for fees and costs prior
21 to adjournment of the final meeting of the
22 compensation commission held on the matter. The
23 applicant shall file with the sheriff an affidavit
24 setting forth the most recent offer made to the person
25 whose property is sought to be condemned. Members of
26 such commissions shall receive a per diem of two
27 hundred dollars and actual and necessary expenses
28 incurred in the performance of their official duties.
29 The applicant shall reimburse the county sheriff for
30 the per diem and expense amounts paid by the sheriff
31 to the members. The applicant shall reimburse the
32 owner for the expenses the owner incurred for
33 recording fees, penalty costs for full or partial
34 prepayment of any preexisting recorded mortgage
35 entered into in good faith encumbering the property,
36 and for similar expenses incidental to conveying the
37 property to the applicant. The applicant shall also
38 pay all costs occasioned by the appeal, including
39 reasonable attorney fees to be taxed by the court,
40 unless on the trial thereof the same or a lesser
41 amount of damages is awarded than was allowed by the
42 tribunal from which the appeal was taken."
43 3. Page 6, by inserting after line 2, the
44 following:
45 "Sec. . Section 6B.19, Code 2001, is repealed."
46 4. Title page, line 1, by striking the word
47 "vehicles," and inserting the following: "vehicles
48 and condemnation,".
49 5. By renumbering as necessary.
Amendment H-8304 was adopted.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8292 filed by Fallon of Polk on March 14, 2002.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8302 filed by her and Brauns of Muscatine on March
15, 2002.
Huser of Polk offered the following amendment H-8303 filed by
Brauns of Muscatine and moved its adoption:
© 2002 Cornell College and
League of Women Voters of Iowa
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