327G.79 Valuing property in controversy.
1. The department of inspections and appeals’ determination and order shall be just and equitable and, in the case of the determination of the fair market value of the property, shall be based in part upon at least three independent appraisals prepared by certified appraisers. Each party shall select one appraiser and each appraisal shall be paid for by the party for whom the appraisal is prepared. The two appraisers shall select a third appraiser and the costs of this appraisal shall be divided equally between the parties. If the appraisers selected by the parties cannot agree on selection of a third appraiser, the state department of transportation shall appoint a third appraiser and the costs of this appraisal shall be divided equally between the parties.
2. The department of inspections and appeals’ determination and order is final for the purpose of administrative review to the district court as provided in chapter 17A. The district court’s scope of review shall be confined to whether there is substantial evidence to support the department of inspections and appeals’ determination and order.
3. For purposes of this subchapter, unless the context otherwise requires, “department” means the state department of transportation.
[82 Acts, ch 1207, §3]
86 Acts, ch 1245, §1966; 2017 Acts, ch 54, §47; 2018 Acts, ch 1026, §119
Structure Iowa Code
Chapter 327G - RAILROAD RIGHTS-OF-WAY, CROSSINGS, TRACKS, AND FENCING
Section 327G.2 - Crossings — signs.
Section 327G.3 - Railway fences required.
Section 327G.4 - Specifications.
Section 327G.5 - Hog-tight fences.
Section 327G.6 - Failure to fence.
Section 327G.7 - Double damages.
Section 327G.8 - Laws and local regulations not applicable.
Section 327G.9 - Failure to fence — general penalty.
Section 327G.10 - Killing of stock — interpretative clause.
Section 327G.11 - Private farm crossings.
Section 327G.12 - Overhead, underground, or more than one crossing.
Section 327G.13 - Signals at road crossings.
Section 327G.15 - Railway and highway crossing at grade.
Section 327G.16 - Disagreement — application — notice.
Section 327G.17 - Hearing — order.
Section 327G.18 - Railway company to hold in trust.
Section 327G.19 - Grade crossing fund.
Section 327G.21 - Condition after change — temporary ways.
Section 327G.22 - Railway crossings near Mississippi river.
Section 327G.23 - Grade crossings.
Section 327G.24 - Removal of tracks from crossings.
Section 327G.25 - Closing of crossing for repair or upgrade.
Section 327G.28 - Compulsory establishment.
Section 327G.29 - Grade crossing surface repair fund.
Section 327G.30 - Adjustment of expense.
Section 327G.31 - Disagreement resolved.
Section 327G.32 - Blocking highway crossing.
Section 327G.61 - Definitions.
Section 327G.62 - Controversies — hearing — order — review.
Section 327G.63 - Destruction of buildings.
Section 327G.64 - Spur tracks.
Section 327G.65 - Cost of construction.
Section 327G.66 - Bond for construction.
Section 327G.67 - Costs in excess of deposit.
Section 327G.68 - Failure of company to act.
Section 327G.69 - Connections with original spurs.
Section 327G.76 - Time of reversion.
Section 327G.77 - Reversion of railroad right-of-way.
Section 327G.78 - Sale of railroad property.
Section 327G.79 - Valuing property in controversy.
Section 327G.81 - Maintenance of improvements along rights-of-way.