Bill Text: IA HSB245 | 2019-2020 | 88th 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-06 - Subcommittee Meeting: 03/07/2019 8:00AM House Lounge. [HSB245 Detail]
Download: Iowa-2019-HSB245-Introduced.html
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
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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,
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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.
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