6B.26  Dispossession of owner.

A landowner shall not be dispossessed, under condemnation proceedings, of the landowner's residence, dwelling house, outhouse, orchard, or garden, until the damages thereto have been finally determined and paid. However, if the property described in this section is condemned for highway purposes by the state department of transportation, the condemning authority may take possession of the property either after the damages have been finally determined and paid or one hundred eighty days after the compensation commission has determined and filed its award, in which event all of the appraisement of damages shall be paid to the property owner before the dispossession can take place. This section shall not apply to condemnation proceedings for drainage or levee improvements, or for public school purposes.

Section History: Early form

  [C24, 27, 31, 35, 39, § 7845; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 472.26]

Section History: Recent form

  C93, § 6B.26

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