6B.8  Notice of assessment.

The applicant, or the owner or any lienholder or encumbrancer of any land described in the application, may, at any time after the appointment of the commissioners, have the damages to the lands of any such owner assessed by giving the other party, if a resident of this state, thirty days' notice, in writing. The notice shall specify the day and the hour when the commissioners will view the premises, and shall be personally served in the same manner as original notices. If a city or county, or an agency of a city or county, is seeking to condemn agricultural land for an industry as that term is defined in section 260E.2, the notice shall inform the landowner that the landowner may request that the compensation commission review the application as provided in section 6B.4A.

Service of the notice to a person not a resident of this state shall be by certified mail to the person's last known address. At the same time, the applicant shall cause a notice to be published once in a newspaper of general circulation in the county prior to the day fixed for the appraisement, which day shall be at least thirty days after publication. Service of notice in this manner shall be deemed complete on the day of publication.

Section History: Early form

  [R60, § 1318; C73, § 1245; C97, § 2000; C24, 27, 31, 35, 39, § 7829; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 472.8]

Section History: Recent form

  C93, § 6B.8

  99 Acts, ch 171, §9, 42

Internal References

  Referred to in §6B.4, 6B.4A, 6B.12

Footnotes

  Manner of service, R.C.P. 49-64

  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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