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House File 2442 - 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 2022, 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, the amount
2of damages awarded to the property owner shall be reduced by
3an amount equal to the additional actual costs incurred and
4additional reasonable attorney fees paid by the acquiring
5agency as a result of the property owner’s failure to timely
6respond. If the acquiring agency’s additional actual costs
7and additional reasonable attorney fees equal or exceed the
8amount awarded by the compensation commission, upon filing
9of the commissioner’s report with the sheriff, the acquiring
10agency shall be deemed to have paid in full the damages awarded
11without any further action. The consequence for failing to
12timely respond to such notices and documents as provided in
13this subsection shall be clearly stated on each notice or
14document provided to the property owner.
15 Sec. 2. APPLICABILITY. This Act applies to condemnation
16proceedings for which the application filed under section 6B.3
17is filed on or after July 1, 2022.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides that if an acquiring agency in a
22condemnation proceeding satisfies the requirements of Code
23section 6B.57 relating to providing the notices and documents
24required under Code chapter 6B, and the property owner fails
25to timely respond to all, but not less than two, such notices,
26documents, or other correspondence from the acquiring agency,
27the district court, or the compensation commission, the amount
28of damages awarded to the property owner shall be reduced by
29an amount equal to the additional actual costs incurred and
30additional reasonable attorney fees paid by the acquiring
31agency relating to the condemnation proceedings. The bill also
32specifies conditions under which the acquiring agency is deemed
33to have paid in full the damages awarded without any further
34action.
35The consequence for failing to timely respond to such
-2-1notices and documents must be clearly stated on each notice or
2document provided to the property owner.
3The bill applies to condemnation proceedings for which the
4application is filed on or after July 1, 2022.
-3-md/jh
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 2022, 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, the amount
2of damages awarded to the property owner shall be reduced by
3an amount equal to the additional actual costs incurred and
4additional reasonable attorney fees paid by the acquiring
5agency as a result of the property owner’s failure to timely
6respond. If the acquiring agency’s additional actual costs
7and additional reasonable attorney fees equal or exceed the
8amount awarded by the compensation commission, upon filing
9of the commissioner’s report with the sheriff, the acquiring
10agency shall be deemed to have paid in full the damages awarded
11without any further action. The consequence for failing to
12timely respond to such notices and documents as provided in
13this subsection shall be clearly stated on each notice or
14document provided to the property owner.
15 Sec. 2. APPLICABILITY. This Act applies to condemnation
16proceedings for which the application filed under section 6B.3
17is filed on or after July 1, 2022.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides that if an acquiring agency in a
22condemnation proceeding satisfies the requirements of Code
23section 6B.57 relating to providing the notices and documents
24required under Code chapter 6B, and the property owner fails
25to timely respond to all, but not less than two, such notices,
26documents, or other correspondence from the acquiring agency,
27the district court, or the compensation commission, the amount
28of damages awarded to the property owner shall be reduced by
29an amount equal to the additional actual costs incurred and
30additional reasonable attorney fees paid by the acquiring
31agency relating to the condemnation proceedings. The bill also
32specifies conditions under which the acquiring agency is deemed
33to have paid in full the damages awarded without any further
34action.
35The consequence for failing to timely respond to such
-2-1notices and documents must be clearly stated on each notice or
2document provided to the property owner.
3The bill applies to condemnation proceedings for which the
4application is filed on or after July 1, 2022.
-3-md/jh