House File 2401 - Introduced



                                       HOUSE FILE       
                                       BY  GRASSLEY, KAUFMANN,
                                           TYMESON, and MERTZ


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

                                      A BILL FOR

  1 An Act establishing a property owner defense fund and including
  2    effective date and applicability date provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6248HT 82
  5 sc/rj/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  6B.62  PROPERTY OWNER DEFENSE
  1  2 FUND == COST REIMBURSEMENTS.
  1  3    1.  A property owner defense fund is created under the
  1  4 control of the treasurer of state.  Reasonable attorney fees
  1  5 and reasonable costs, including expert witness fees and fees
  1  6 relating to appraisal of property, incurred under section
  1  7 6A.24 or chapter 6B by a property owner whose property is the
  1  8 subject of a condemnation action shall be paid from moneys
  1  9 appropriated by the general assembly to the office of
  1 10 treasurer of state for deposit in the property owner defense
  1 11 fund.
  1 12    2.  Upon final disposition of a condemnation action, a
  1 13 property owner may apply for reimbursement of costs incurred
  1 14 pursuant to subsection 1.
  1 15    3.  The office of treasurer of state shall adopt rules in
  1 16 accordance with chapter 17A to administer this section.
  1 17    Sec.  2.  EFFECTIVE DATE AND APPLICABILITY.  This Act,
  1 18 being deemed of immediate importance, takes effect upon
  1 19 enactment and applies to condemnation proceedings pending or
  1 20 commenced on or after that date.
  1 21                           EXPLANATION
  1 22    This bill creates a property owner defense fund under the
  1 23 control of the treasurer of state.  Moneys appropriated to the
  1 24 fund by the general assembly are required to be used to pay
  1 25 the costs incurred by a property owner whose property is the
  1 26 subject of a condemnation action.  The bill provides that a
  1 27 property owner may apply for reimbursement from the fund after
  1 28 final disposition of a condemnation action.
  1 29    The bill takes effect upon enactment and applies to
  1 30 condemnation proceedings pending or commenced on or after that
  1 31 date.
  1 32 LSB 6248HT 82
  1 33 sc/rj/8