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House File 804 - IntroducedA Bill ForAn Act 1authorizing the reduction of damages payable to an
2unresponsive property owner in condemnation proceedings and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 6B.33, Code 2021, is amended to read as
2follows:
36B.33 Costs and attorney fees.
41. The acquiring agency shall pay all costs of the
5assessment made by the commissioners and reasonable attorney
6fees and costs, including the reasonable cost of one appraisal,
7incurred by the condemnee as determined by the commissioners if
8the award of the commissioners exceeds one hundred ten percent
9of the final offer of the applicant prior to condemnation.
10The condemnee shall submit an application for fees and costs
11prior to adjournment of the final meeting of the compensation
12commission held on the matter. The acquiring agency shall
13file with the sheriff an affidavit setting forth the most
14recent offer made to the person whose property is sought to be
15condemned. Members of such commissions shall receive a per
16diem of two hundred dollars and actual and necessary expenses
17incurred in the performance of their official duties. The
18acquiring agency shall reimburse the county sheriff for the per
19diem and expense amounts paid by the sheriff to the members.
20The acquiring agency shall reimburse the owner for the expenses
21the owner incurred for recording fees, penalty costs for full
22or partial prepayment of any preexisting recorded mortgage
23entered into in good faith encumbering the property, and for
24similar expenses incidental to conveying the property to the
25acquiring agency. The acquiring agency shall also pay all
26costs occasioned by the appeal, including reasonable attorney
27fees and the reasonable cost incurred by the property owner for
28one appraisal to be taxed by the court, unless on the trial
29thereof the same or a lesser amount of damages is awarded than
30was allowed by the tribunal from which the appeal was taken.
312. If the acquiring agency satisfies the requirements of
32section 6B.57 relating to providing the notices and documents
33required under this chapter, and the property owner fails to
34timely respond to all, but not less than two, such notices,
35documents, or other correspondence from the acquiring agency,
-1-1the district court, or the compensation commission for which
2a response is required, the amount of damages awarded to the
3property owner shall be reduced by an amount equal to the
4additional actual costs incurred and additional reasonable
5attorney fees paid by the acquiring agency as a result of the
6property owner’s failure to timely respond. The consequence
7for failing to timely respond to notices and documents as
8provided in this subsection shall be clearly stated on each
9notice or document for which a response from the property owner
10is required.
11 Sec. 2. APPLICABILITY. This Act applies to condemnation
12proceedings for which the application filed under section 6B.3
13is filed on or after July 1, 2021.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill provides that if an acquiring agency in a
18condemnation proceeding satisfies the requirements of Code
19section 6B.57 relating to providing the notices and documents
20required under Code chapter 6B, and the property owner fails
21to timely respond to all, but not less than two, such notices,
22documents, or other correspondence from the acquiring agency,
23the district court, or the compensation commission for which
24a response is required, the amount of damages awarded to the
25property owner shall be reduced by an amount equal to the
26additional actual costs incurred and additional reasonable
27attorney fees paid by the acquiring agency relating to the
28condemnation proceedings.
29The consequence for failing to timely respond to notices and
30documents must be clearly stated on each notice or document for
31which a response from the property owner is required.
32The bill applies to condemnation proceedings for which the
33application is filed on or after July 1, 2021.
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2unresponsive property owner in condemnation proceedings and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 6B.33, Code 2021, is amended to read as
2follows:
36B.33 Costs and attorney fees.
41. The acquiring agency shall pay all costs of the
5assessment made by the commissioners and reasonable attorney
6fees and costs, including the reasonable cost of one appraisal,
7incurred by the condemnee as determined by the commissioners if
8the award of the commissioners exceeds one hundred ten percent
9of the final offer of the applicant prior to condemnation.
10The condemnee shall submit an application for fees and costs
11prior to adjournment of the final meeting of the compensation
12commission held on the matter. The acquiring agency shall
13file with the sheriff an affidavit setting forth the most
14recent offer made to the person whose property is sought to be
15condemned. Members of such commissions shall receive a per
16diem of two hundred dollars and actual and necessary expenses
17incurred in the performance of their official duties. The
18acquiring agency shall reimburse the county sheriff for the per
19diem and expense amounts paid by the sheriff to the members.
20The acquiring agency shall reimburse the owner for the expenses
21the owner incurred for recording fees, penalty costs for full
22or partial prepayment of any preexisting recorded mortgage
23entered into in good faith encumbering the property, and for
24similar expenses incidental to conveying the property to the
25acquiring agency. The acquiring agency shall also pay all
26costs occasioned by the appeal, including reasonable attorney
27fees and the reasonable cost incurred by the property owner for
28one appraisal to be taxed by the court, unless on the trial
29thereof the same or a lesser amount of damages is awarded than
30was allowed by the tribunal from which the appeal was taken.
312. If the acquiring agency satisfies the requirements of
32section 6B.57 relating to providing the notices and documents
33required under this chapter, and the property owner fails to
34timely respond to all, but not less than two, such notices,
35documents, or other correspondence from the acquiring agency,
-1-1the district court, or the compensation commission for which
2a response is required, the amount of damages awarded to the
3property owner shall be reduced by an amount equal to the
4additional actual costs incurred and additional reasonable
5attorney fees paid by the acquiring agency as a result of the
6property owner’s failure to timely respond. The consequence
7for failing to timely respond to notices and documents as
8provided in this subsection shall be clearly stated on each
9notice or document for which a response from the property owner
10is required.
11 Sec. 2. APPLICABILITY. This Act applies to condemnation
12proceedings for which the application filed under section 6B.3
13is filed on or after July 1, 2021.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill provides that if an acquiring agency in a
18condemnation proceeding satisfies the requirements of Code
19section 6B.57 relating to providing the notices and documents
20required under Code chapter 6B, and the property owner fails
21to timely respond to all, but not less than two, such notices,
22documents, or other correspondence from the acquiring agency,
23the district court, or the compensation commission for which
24a response is required, the amount of damages awarded to the
25property owner shall be reduced by an amount equal to the
26additional actual costs incurred and additional reasonable
27attorney fees paid by the acquiring agency relating to the
28condemnation proceedings.
29The consequence for failing to timely respond to notices and
30documents must be clearly stated on each notice or document for
31which a response from the property owner is required.
32The bill applies to condemnation proceedings for which the
33application is filed on or after July 1, 2021.
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