Senate File 249

                                       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 assessment of court costs in an appeal to
  2    district court of a condemnation award.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2785XS 80
  5 sc/pj/5

PAG LIN

  1  1    Section 1.  Section 6B.23, Code 2003, is amended by adding
  1  2 the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  Court costs occasioned by an
  1  4 appeal shall be assessed against the person bringing the
  1  5 appeal.  However, if the amount of damages ascertained by the
  1  6 court does not exceed the final offer of the applicant prior
  1  7 to condemnation, the court shall, in its discretion, assess
  1  8 costs against one or more of the parties to the appeal.
  1  9                           EXPLANATION
  1 10    This bill provides that when an award of damages in a
  1 11 condemnation proceeding is appealed, the party appealing the
  1 12 award shall be assessed court costs unless the amount of
  1 13 damages determined by the court is the same or less than the
  1 14 final offer of the applicant prior to condemnation.  In that
  1 15 case, the court shall use its discretion to assess court costs
  1 16 against one or more of the parties to the appeal.
  1 17 LSB 2785XS 80
  1 18 sc/pj/5
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