Senate File 2273
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 226)
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 6851SV 80
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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, if any, less the amount paid by the sheriff to the
1 13 claimant, shall be transferred to the clerk of district court
1 14 where the appeal was filed and the clerk shall deposit the
1 15 money in an interest=bearing account. The district court in
1 16 its judgment rendered pursuant to section 6B.23 shall award
1 17 the interest earned on the account in proportion to the amount
1 18 of damages ascertained and entered of record.
1 19 EXPLANATION
1 20 This bill provides that when an award of damages in a
1 21 condemnation proceeding is appealed to district court, the
1 22 sheriff shall transfer to the clerk of district court where
1 23 the appeal is taken the balance of the damages award not paid
1 24 to the claimant. The bill requires the clerk of district
1 25 court to deposit the balance of the award in an interest=
1 26 bearing account. The bill provides that the district court,
1 27 when rendering judgment on assessment of court costs, shall
1 28 award the interest earned on the account.
1 29 LSB 6851SV 80
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