6B.4  Commission to assess damages.

Annually the board of supervisors of a county shall appoint not less than twenty-eight residents of the county and the names of such persons shall be placed on a list and they shall be eligible to serve as members of a compensation commission. One-fourth of the persons appointed shall be owner-operators of agricultural property, one-fourth of the persons appointed shall be owners of city property, one-fourth shall be licensed real estate salespersons or real estate brokers, and one-fourth shall be persons having knowledge of property values in the county by reason of their occupation, such as bankers, auctioneers, property managers, property appraisers, and persons responsible for making loans on property.

The chief judge of the judicial district shall select by lot six persons from the list, two persons who are owner-operators of agricultural property when the property to be condemned is agricultural property; two persons who are owners of city property when the property to be condemned is other than agricultural property; and two persons from each of the remaining two representative groups, who shall constitute a compensation commission to assess the damages to all property to be taken by the applicant and located in the county, and shall name a chairperson from the persons selected. A person shall not be selected as a member of the compensation commission if the person possesses any interest in the proceeding which would cause the person to render a biased decision. The clerk of the district court shall send, by ordinary mail, a list of those persons selected to the applicant and to the owner of the property at the owner's last known address. The list shall be provided prior to the mailing, by any party, of a notice of assessment under section 6B.8. If the clerk of the district court is unable to locate an address for the owner of the property, the list shall be published once in a newspaper of general circulation in the county. The applicant shall reimburse the clerk of the district court for the cost of mailing and publication.

A compensation commission appointed pursuant to this section is a governmental body as defined in section 21.2 and its meetings shall be conducted in compliance with chapter 21. Notice published by the sheriff pursuant to section 6B.11 shall constitute public notice of the meeting pursuant to section 21.4.

Section History: Early form

  [R60, § 1317, 1318; C73, § 1244, 1245; C97, § 1999, 2029; C24, 27, 31, 35, 39, § 7825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 472.4]

Section History: Recent form

  C93, § 6B.4

  99 Acts, ch 171, §5, 6, 42

Internal References

  Referred to in § 6B.5, 306.28, 331.321, 479.46, 479A.25, 479B.30

Footnotes

  1999 amendments apply to state highway construction projects approved for commencement by the transportation commission on or after July 1, 1999, and to all other condemnation proceedings in which the application for condemnation is filed on or after July 1, 1999; see 99 Acts, ch 171, §42


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