Bill Text: IA HF150 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act authorizing the reduction of damages payable to an unresponsive property owner in condemnation proceedings and including applicability provisions.(Formerly HF 25.)
Spectrum: Committee Bill
Status: (Engrossed) 2023-02-07 - Subcommittee: Garrett, Bousselot, and Weiner. S.J. 276. [HF150 Detail]
Download: Iowa-2023-HF150-Introduced.html
House
File
150
-
Introduced
HOUSE
FILE
150
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
25)
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:
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Section
1.
Section
6B.33,
Code
2023,
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
of
31
section
6B.57
relating
to
providing
the
notices
and
documents
32
required
under
this
chapter,
and
the
property
owner
fails
to
33
timely
respond
to
all,
but
not
less
than
two,
such
notices,
34
documents,
or
other
correspondence
from
the
acquiring
agency,
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the
district
court,
or
the
compensation
commission,
the
amount
1
of
damages
awarded
to
the
property
owner
shall
be
reduced
by
2
an
amount
equal
to
the
additional
actual
costs
incurred
and
3
additional
reasonable
attorney
fees
paid
by
the
acquiring
4
agency
as
a
result
of
the
property
owner’s
failure
to
timely
5
respond.
If
the
acquiring
agency’s
additional
actual
costs
6
and
additional
reasonable
attorney
fees
equal
or
exceed
the
7
amount
awarded
by
the
compensation
commission,
upon
filing
8
of
the
commissioner’s
report
with
the
sheriff,
the
acquiring
9
agency
shall
be
deemed
to
have
paid
in
full
the
damages
awarded
10
without
any
further
action.
The
consequence
for
failing
to
11
timely
respond
to
such
notices
and
documents
as
provided
in
12
this
subsection
shall
be
clearly
stated
on
each
notice
or
13
document
provided
to
the
property
owner.
14
Sec.
2.
APPLICABILITY.
This
Act
applies
to
condemnation
15
proceedings
for
which
the
application
filed
under
section
6B.3
16
is
filed
on
or
after
July
1,
2023.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
provides
that
if
an
acquiring
agency
in
a
21
condemnation
proceeding
satisfies
the
requirements
of
Code
22
section
6B.57
relating
to
providing
the
notices
and
documents
23
required
under
Code
chapter
6B,
and
the
property
owner
fails
24
to
timely
respond
to
all,
but
not
less
than
two,
such
notices,
25
documents,
or
other
correspondence
from
the
acquiring
agency,
26
the
district
court,
or
the
compensation
commission,
the
amount
27
of
damages
awarded
to
the
property
owner
shall
be
reduced
by
28
an
amount
equal
to
the
additional
actual
costs
incurred
and
29
additional
reasonable
attorney
fees
paid
by
the
acquiring
30
agency
relating
to
the
condemnation
proceedings.
The
bill
also
31
specifies
conditions
under
which
the
acquiring
agency
is
deemed
32
to
have
paid
in
full
the
damages
awarded
without
any
further
33
action.
34
The
consequence
for
failing
to
timely
respond
to
such
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