Senate File 226

                                       SENATE FILE       
                                       BY  REHBERG


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to disposition of an award of damages in a
  2    condemnation proceeding pending appeal of the award to
  3    district court.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2787XS 80
  6 sc/cf/24

PAG LIN

  1  1    Section 1.  Section 6B.23, Code 2003, is amended to read as
  1  2 follows:
  1  3    6B.23  QUESTION DETERMINED.
  1  4    On the trial of the appeal, no judgment shall be rendered
  1  5 except for costs and allocation of interest earned pursuant to
  1  6 section 6B.25, but the amount of damages shall be ascertained
  1  7 and entered of record.
  1  8    Sec. 2.  Section 6B.25, Code 2003, is amended by adding the
  1  9 following new unnumbered paragraph:
  1 10    NEW UNNUMBERED PARAGRAPH.  If an award of damages is
  1 11 appealed to district court, the amount deposited with the
  1 12 sheriff, less the amount paid by the sheriff to the claimant,
  1 13 shall be transferred to the clerk of district court where the
  1 14 appeal was filed and the clerk shall deposit the money in an
  1 15 interest=bearing account.  The district court in its judgment
  1 16 rendered pursuant to section 6B.23 shall determine which party
  1 17 is to receive the interest earned on the account.
  1 18                           EXPLANATION
  1 19    This bill provides that when an award of damages in a
  1 20 condemnation proceeding is appealed to district court, the
  1 21 sheriff shall transfer to the clerk of district court where
  1 22 the appeal is taken the balance of the damages award not paid
  1 23 to the claimant.  The bill requires the clerk of district
  1 24 court to deposit the balance of the award in an interest=
  1 25 bearing account.  The bill provides that the district court,
  1 26 when rendering judgment on assessment of court costs, shall
  1 27 also determine which party is to receive the interest earned
  1 28 on the account.
  1 29 LSB 2787XS 80
  1 30 sc/cf/24
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