House Study Bill 245 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act authorizing the reduction of damages payable to an 1 unresponsive property owner in condemnation proceedings and 2 including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2776YC (2) 88 md/jh

H.F. _____ Section 1. Section 6B.33, Code 2019, is amended to read as 1 follows: 2 6B.33 Costs and attorney fees. 3 1. The acquiring agency shall pay all costs of the 4 assessment made by the commissioners and reasonable attorney 5 fees and costs, including the reasonable cost of one appraisal, 6 incurred by the condemnee as determined by the commissioners if 7 the award of the commissioners exceeds one hundred ten percent 8 of the final offer of the applicant prior to condemnation. 9 The condemnee shall submit an application for fees and costs 10 prior to adjournment of the final meeting of the compensation 11 commission held on the matter. The acquiring agency shall 12 file with the sheriff an affidavit setting forth the most 13 recent offer made to the person whose property is sought to be 14 condemned. Members of such commissions shall receive a per 15 diem of two hundred dollars and actual and necessary expenses 16 incurred in the performance of their official duties. The 17 acquiring agency shall reimburse the county sheriff for the per 18 diem and expense amounts paid by the sheriff to the members. 19 The acquiring agency shall reimburse the owner for the expenses 20 the owner incurred for recording fees, penalty costs for full 21 or partial prepayment of any preexisting recorded mortgage 22 entered into in good faith encumbering the property, and for 23 similar expenses incidental to conveying the property to the 24 acquiring agency. The acquiring agency shall also pay all 25 costs occasioned by the appeal, including reasonable attorney 26 fees and the reasonable cost incurred by the property owner for 27 one appraisal to be taxed by the court, unless on the trial 28 thereof the same or a lesser amount of damages is awarded than 29 was allowed by the tribunal from which the appeal was taken. 30 2. If the acquiring agency satisfies the requirements 31 of section 6B.57 relating to providing the notices and 32 documents required under this chapter, and the property owner 33 fails to timely respond to such notices, documents, or other 34 correspondence from the acquiring agency, the district court, 35 -1- LSB 2776YC (2) 88 md/jh 1/ 2

H.F. _____ or the compensation commission, the amount of damages awarded 1 to the property owner shall be reduced by an amount equal to 2 the actual costs incurred and reasonable attorney fees paid by 3 the acquiring agency relating to the condemnation proceedings. 4 Sec. 2. APPLICABILITY. This Act applies to condemnation 5 proceedings for which the application filed under section 6B.3 6 is filed on or after July 1, 2019. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill provides that if an acquiring agency in a 11 condemnation proceeding satisfies the requirements of Code 12 section 6B.57 relating to providing the notices and documents 13 required under Code chapter 6B, and the property owner 14 fails to timely respond to such notices, documents, or other 15 correspondence from the acquiring agency, the district court, 16 or the compensation commission, the amount of damages awarded 17 to the property owner shall be reduced by an amount equal to 18 the actual costs incurred and reasonable attorney fees paid by 19 the acquiring agency relating to the condemnation proceedings. 20 The bill applies to condemnation proceedings for which the 21 application is filed on or after July 1, 2019. 22 -2- LSB 2776YC (2) 88 md/jh 2/ 2