306.17  Appeal.

Notwithstanding the terms of the Iowa administrative procedure Act, any claimant for damages may, by serving, within twenty days after the order has been issued, a written notice upon the agency which instituted and conducted the proceedings, appeal as to the amount of damages, to the district court of the county in which the land is located, in the manner and form prescribed in chapter 6B with reference to appeals from condemnation, and the proceedings shall thereafter conform to the applicable provisions of that chapter. If, in the opinion of the agency, the damages as finally determined on appeal are excessive, the agency may rescind its order vacating and closing the road, part thereof, or crossing, and the right of way shall remain under the jurisdiction of the agency. If the order is rescinded at any time after an appeal is taken, the agency shall pay reasonable attorney fees incurred by the claimant as taxed by the court.

Section History: Early form

  [R60, § 873; C73, § 959; C97, § 1513; C24, 27, § 4597; C31, 35, § 4597, 4755-d8; C39, § 4597, 4755.43; C46, 50, § 306.38, 313.52; C54, 58, 62, 66, § 306.11; C71, 73, 75, 77, 79, 81, § 306.17]

Internal References

  Referred to in § 306.16, 306A.6


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