Bill Text: IA SF264 | 2017-2018 | 87th General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-22 - Subcommittee: Guth, Allen, and Greene. S.J. 387. [SF264 Detail]

Download: Iowa-2017-SF264-Introduced.html

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Senate File 264 - Introduced




                                 SENATE FILE       
                                 BY  DANIELSON

                                      A BILL FOR

  1 An Act authorizing the reduction of damages payable to an
  2    unresponsive property owner in condemnation proceedings and
  3    including applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2226SS (2) 87
    md/nh

PAG LIN



  1  1    Section 1.  Section 6B.33, Code 2017, is amended to read as
  1  2 follows:
  1  3    6B.33  Costs and attorney fees.
  1  4    1.  The acquiring agency shall pay all costs of the
  1  5 assessment made by the commissioners and reasonable attorney
  1  6 fees and costs, including the reasonable cost of one appraisal,
  1  7 incurred by the condemnee as determined by the commissioners if
  1  8 the award of the commissioners exceeds one hundred ten percent
  1  9 of the final offer of the applicant prior to condemnation.
  1 10 The condemnee shall submit an application for fees and costs
  1 11 prior to adjournment of the final meeting of the compensation
  1 12 commission held on the matter. The acquiring agency shall
  1 13 file with the sheriff an affidavit setting forth the most
  1 14 recent offer made to the person whose property is sought to be
  1 15 condemned. Members of such commissions shall receive a per
  1 16 diem of two hundred dollars and actual and necessary expenses
  1 17 incurred in the performance of their official duties. The
  1 18 acquiring agency shall reimburse the county sheriff for the per
  1 19 diem and expense amounts paid by the sheriff to the members.
  1 20 The acquiring agency shall reimburse the owner for the expenses
  1 21 the owner incurred for recording fees, penalty costs for full
  1 22 or partial prepayment of any preexisting recorded mortgage
  1 23 entered into in good faith encumbering the property, and for
  1 24 similar expenses incidental to conveying the property to the
  1 25 acquiring agency. The acquiring agency shall also pay all
  1 26 costs occasioned by the appeal, including reasonable attorney
  1 27 fees and the reasonable cost incurred by the property owner for
  1 28 one appraisal to be taxed by the court, unless on the trial
  1 29 thereof the same or a lesser amount of damages is awarded than
  1 30 was allowed by the tribunal from which the appeal was taken.
  1 31    2.  If the acquiring agency satisfies the requirements
  1 32 of section 6B.57 relating to providing the notices and
  1 33 documents required under this chapter, and the property owner
  1 34 fails to timely respond to such notices, documents, or other
  1 35 correspondence from the acquiring agency, the district court,
  2  1 or the compensation commission, the amount of damages awarded
  2  2 to the property owner shall be reduced by an amount equal to
  2  3 the actual costs incurred and reasonable attorney fees paid by
  2  4 the acquiring agency relating to the condemnation proceedings.
  2  5    Sec. 2.  APPLICABILITY.  This Act applies to condemnation
  2  6 proceedings commenced on or after July 1, 2017.
  2  7                           EXPLANATION
  2  8 The inclusion of this explanation does not constitute agreement with
  2  9 the explanation's substance by the members of the general assembly.
  2 10    This bill provides that if an acquiring agency in a
  2 11 condemnation proceeding satisfies the requirements of Code
  2 12 section 6B.57 relating to providing the notices and documents
  2 13 required under Code chapter 6B, and the property owner
  2 14 fails to timely respond to such notices, documents, or other
  2 15 correspondence from the acquiring agency, the district court,
  2 16 or the compensation commission, the amount of damages awarded
  2 17 to the property owner shall be reduced by an amount equal to
  2 18 the actual costs incurred and reasonable attorney fees paid by
  2 19 the acquiring agency relating to the condemnation proceedings.
  2 20    The bill applies to condemnation proceedings commenced on
  2 21 or after July 1, 2017.
       LSB 2226SS (2) 87
       md/nh