Senate File 172 - Introduced



                                       SENATE FILE       
                                       BY  JOHNSON


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

                                      A BILL FOR

  1 An Act relating to condemnation proceedings.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1256XS 81
  4 eg/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  6A.22  PROCEEDINGS TO ENJOIN ==
  1  2 COSTS.
  1  3    The cost of a proceeding brought by a landowner to enjoin
  1  4 the exercise of power granted under this chapter shall be paid
  1  5 by the party seeking condemnation.
  1  6    Sec. 2.  Section 6B.21, Code 2005, is amended to read as
  1  7 follows:
  1  8    6B.21  APPEALS == HOW DOCKETED AND TRIED.
  1  9    1.  The appeal shall be docketed in the name of the person
  1 10 appealing and all other interested parties to the action shall
  1 11 be defendants.  In the event the condemner and the condemnee
  1 12 appeal, the appeal shall be docketed in the name of the
  1 13 appellant which filed the application for condemnation and all
  1 14 other parties to the action shall be defendants.  The appeal
  1 15 shall be tried as in an action by ordinary proceedings.
  1 16    2.  Records of the compensation commission proceedings are
  1 17 admissible on appeal, including the appraisement of damages,
  1 18 matters considered by the commission, other comparable final
  1 19 condemnation awards or purchases under threat of condemnation,
  1 20 replacement cost, and the availability of replacement
  1 21 property.
  1 22    Sec. 3.  Section 6B.25, unnumbered paragraph 1, Code 2005,
  1 23 is amended to read as follows:
  1 24    Upon the filing of the commissioners' report with the
  1 25 sheriff, the applicant may deposit with the sheriff the amount
  1 26 assessed in favor of a claimant, and the applicant, except as
  1 27 otherwise provided, may take possession of the land condemned
  1 28 and proceed with the improvement.  The amount deposited shall
  1 29 include interest from the date of the award, calculated in the
  1 30 same manner as provided in section 6B.24.  An appeal from the
  1 31 assessment does not affect the right, except as otherwise
  1 32 provided.  Prior to expiration of the time provided for
  1 33 appeal, the property owner may apply to the district court for
  1 34 release of that part of the damages deposited which the court
  1 35 finds proper.  If there is not an appeal by any party, the
  2  1 property owner shall be entitled to the whole of the damages
  2  2 awarded.  Upon appeal from the commissioners' award of
  2  3 damages, the district court may direct that the part of the
  2  4 amount of damages deposited with the sheriff, as it finds just
  2  5 and proper, be paid to the claimant.  Funds released by order
  2  6 of the court shall be made available immediately to the
  2  7 property owner.  If upon trial of the appeal a lesser amount
  2  8 is awarded, the difference between the amount so awarded and
  2  9 the amount paid shall be repaid by the person to whom it was
  2 10 paid and upon failure to make the repayment the party shall
  2 11 have judgment entered against the person who received the
  2 12 excess payment.  Title to the property or the interests in
  2 13 property passes to the applicant when damages have been
  2 14 finally determined and paid.
  2 15    Sec. 4.  Section 6B.33, Code 2005, is amended to read as
  2 16 follows:
  2 17    6B.33  COSTS AND ATTORNEY FEES.
  2 18    The applicant shall pay all costs of the assessment made by
  2 19 the commissioners and reasonable attorney fees and costs
  2 20 incurred by the condemnee as determined by the commissioners,
  2 21 including the cost of appraisals and expert witnesses, if the
  2 22 award of the commissioners exceeds one hundred ten percent of
  2 23 the final offer of the applicant prior to condemnation.  The
  2 24 condemnee shall submit an application for fees and costs prior
  2 25 to adjournment of the final meeting of the compensation
  2 26 commission held on the matter.  The applicant shall file with
  2 27 the sheriff an affidavit setting forth the most recent offer
  2 28 made to the person whose property is sought to be condemned.
  2 29 Members of such commissions shall receive a per diem of two
  2 30 hundred dollars and actual and necessary expenses incurred in
  2 31 the performance of their official duties.  The applicant shall
  2 32 reimburse the county sheriff for the per diem and expense
  2 33 amounts paid by the sheriff to the members.  The applicant
  2 34 shall reimburse the owner for the expenses the owner incurred
  2 35 for recording fees, penalty costs for full or partial
  3  1 prepayment of any preexisting recorded mortgage entered into
  3  2 in good faith encumbering the property, and for similar
  3  3 expenses incidental to conveying the property to the
  3  4 applicant.  The applicant shall also pay all costs occasioned
  3  5 by the appeal, including the costs of appraisals and expert
  3  6 witnesses, and reasonable attorney fees to be taxed by the
  3  7 court, unless on the trial thereof the same or a lesser amount
  3  8 of damages is awarded than was allowed by the tribunal from
  3  9 which the appeal was taken.
  3 10    Sec. 5.  Section 6B.34, Code 2005, is amended to read as
  3 11 follows:
  3 12    6B.34  REFUSAL TO PAY FINAL AWARD.
  3 13    Should If the applicant dismisses the proceedings at any
  3 14 time after filing the application, or if the applicant decline
  3 15 declines, at any time after an appeal is taken as provided in
  3 16 section 6B.18, to take the property and pay the damages
  3 17 awarded, the applicant shall pay, in addition to the costs,
  3 18 including the cost of appraisals and expert witnesses, and
  3 19 damages actually suffered by the landowner, and reasonable
  3 20 attorney fees to be taxed by the court.
  3 21    Sec. 6.  Section 6B.53, Code 2005, is amended to read as
  3 22 follows:
  3 23    6B.53  PROCEDURE FOR HOMESTEADING PROJECTS.
  3 24    If the purpose of condemnation is to obtain property for
  3 25 use as part of an Iowa homesteading project under section
  3 26 16.14, the application required under section 6B.3 may contain
  3 27 a verified statement that the property sought to be condemned
  3 28 is abandoned and deteriorating in condition, or is inhabited
  3 29 but is not safe for human habitation, or is or is likely to
  3 30 become a public nuisance, and that the property is suitable
  3 31 for use and is to be used in an Iowa homesteading project.
  3 32 Other information may be included. The statement must be
  3 33 verified by the Iowa finance authority or by a local agency
  3 34 authorized under rules of the authority. Upon proper filing of
  3 35 the statement and the report of the condemnation commission
  4  1 assessing damages, and deposit of the amount assessed,
  4  2 including interest as required under section 6B.25, with the
  4  3 sheriff, the applicant for condemnation may take possession as
  4  4 provided in section 6B.25 if the property is abandoned, or may
  4  5 take steps to obtain possession after ninety days from the
  4  6 date of the filing of the statement, report, and deposit, if
  4  7 the property is inhabited.
  4  8    Sec. 7.  Section 422.7, Code 2005, is amended by adding the
  4  9 following new subsection:
  4 10    NEW SUBSECTION.  44.  Where the adjusted gross income
  4 11 includes the gain realized when property of the taxpayer is
  4 12 converted as a result of condemnation, an additional deduction
  4 13 shall be allowed to the extent the gain is recognized under
  4 14 section 1033 of the Internal Revenue Code.
  4 15    Sec. 8.  RETROACTIVE APPLICABILITY.  Section 7 of this Act,
  4 16 amending section 422.7, is retroactively applicable to January
  4 17 1, 2005, and is applicable for tax years beginning on and
  4 18 after that date.
  4 19                           EXPLANATION
  4 20    This bill relates to condemnation proceedings.
  4 21    The bill provides in Code section 6A.22 that a party
  4 22 seeking condemnation must pay the cost of a proceeding to
  4 23 enjoin the condemnation.
  4 24    The bill provides in Code section 6B.21 that a record of
  4 25 the compensation commission proceedings, including the
  4 26 appraisement of damages, matters considered by the commission,
  4 27 other comparable final condemnation awards or purchases under
  4 28 threat of condemnation, replacement cost, and the availability
  4 29 of replacement property is admissible on appeal.
  4 30    The bill provides in Code section 6B.25 that when a party's
  4 31 application for condemnation has been approved, such party may
  4 32 deposit with the sheriff the amount of damages awarded with
  4 33 interest from the date of the award.  The bill also provides
  4 34 that when the court orders the release of such funds awarded,
  4 35 the sheriff shall make the funds immediately available to the
  5  1 property owner.
  5  2    Code sections 6B.33 and 6B.34 are amended to specify that
  5  3 costs assigned to a party seeking condemnation include the
  5  4 cost of appraisals and expert witnesses.  Also, the bill
  5  5 provides that if the party seeking condemnation dismisses the
  5  6 proceedings after filing an application for condemnation, such
  5  7 party shall pay costs.
  5  8    The bill provides a taxpayer, whose property is converted
  5  9 as a result of condemnation, a tax deduction for the gain
  5 10 realized to the extent the gain is recognized under the
  5 11 Internal Revenue Code.  The tax deduction applies
  5 12 retroactively to January 1, 2005.
  5 13 LSB 1256XS 81
  5 14 eg:nh/cf/24