6B.14 Appraisement — report.
1. The commissioners shall, at the time fixed in the notices required under section 6B.8, view the land sought to be condemned and assess the damages which the owner will sustain by reason of the appropriation. The commission shall file its written report, signed by all commissioners, with the sheriff. At the request of the condemner or the condemnee, the commission shall divide the damages into parts to indicate the value of any dwelling, the value of the land and improvements other than a dwelling, and the value of any additional damages. The appraisement and return may be in parcels larger than forty acres belonging to one person and lying in one tract, unless the agent or attorney of the applicant, or the commissioners, have actual knowledge that the tract does not belong wholly to the person in whose name it appears of record; and in case of such knowledge, the appraisement shall be made of the different portions as they are known to be owned.
2. Prior to the meeting of the commission, the commission or a commissioner shall not communicate with the applicant, property owner, or tenant, or their agents, regarding the condemnation proceedings. The commissioners shall meet in open session to view the property and to receive evidence, but may deliberate in closed session. When deliberating in closed session, the meeting is closed to all persons who are not commissioners except for personnel from the sheriff’s office if such personnel are requested by the commission. After deliberations commence, the commission and each commissioner are prohibited from communicating with any party to the proceeding. However, if the commission is deliberating in closed session, and after deliberations commence the commission requires further information from a party or a witness, the commission shall notify the property owner and the acquiring agency that they are allowed to attend the meeting at which such additional information shall be provided but only for that period of time during which the additional information is being provided. The property owner and the acquiring agency shall be given a reasonable opportunity to attend the meeting. The commission shall keep minutes of all its meetings showing the date, time, and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.
3. In determining fair market value of property, the commissioners shall not consider only the assessed value assigned to such property for purposes of property taxation.
4. In assessing the damages the owner or tenant will sustain, the commissioners shall consider and make allowance for personal property which is damaged or destroyed or reduced in value.
5. An owner or tenant occupying land which is proposed to be acquired by condemnation shall be awarded a sum sufficient to remove such owner’s or tenant’s personal property from the land to be acquired, which sum shall represent reasonable costs of moving the personal property from the land to be acquired to a point no greater than fifty miles; but in any event, damages awarded under this section for moving shall not exceed five thousand dollars for each owner or tenant occupying land proposed to be condemned. An owner or tenant may apply for an award pursuant to this section only if all other damages provided by law have been awarded and such amount awarded is insufficient to pay the owner’s or tenant’s reasonable costs of moving.
[C73, §1249; C97, §2004, 2029; C24, 27, 31, 35, 39, §7835; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.14]
C93, §6B.14
99 Acts, ch 171, §12, 42; 2000 Acts, ch 1179, §16, 17, 30
; 2006 Acts, 1st Ex, ch 1001, §13, 14, 49
; 2007 Acts, ch 22, §1; 2009 Acts, ch 133, §1; 2012 Acts, ch 1023, §1
Referred to in §6B.3, 316.2
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN
Section 6B.1A - Procedure provided.
Section 6B.2 - By whom conducted.
Section 6B.2A - Notice of proposed public improvement.
Section 6B.2B - Acquisition negotiation.
Section 6B.2C - Approval of the public improvement.
Section 6B.2D - Notice of intent to approve acquisition of property by eminent domain.
Section 6B.3 - Application — recording — notice — time for appraisement — new proceedings.
Section 6B.3A - Challenge by owner.
Section 6B.4 - Commission to assess damages.
Section 6B.4A - Review of applications by compensation commission.
Section 6B.5 - Challenges to commissioners — filling vacancies on commission.
Section 6B.6 - Sheriff to coordinate meeting of commissioners and provide meeting place.
Section 6B.7 - Commissioners to qualify.
Section 6B.8 - Notice of assessment.
Section 6B.9 - Form of notice — signature.
Section 6B.11 - Filing of notices and return of service.
Section 6B.12 - Notice when residence unknown.
Section 6B.13 - Service outside state.
Section 6B.14 - Appraisement — report.
Section 6B.16 - Power of guardian.
Section 6B.17 - When appraisement final.
Section 6B.18 - Notice of appraisement — appeal of award — notice of appeal.
Section 6B.19 - Service of notice — highway matters.
Section 6B.21 - Appeals — how docketed and tried.
Section 6B.22 - Pleadings on appeal.
Section 6B.23 - Question determined.
Section 6B.24 - Reduction of damages — interest on increased award.
Section 6B.25 - Right to take possession of lands — title — damages award.
Section 6B.26 - Dispossession of landowner or injury to property — limitation.
Section 6B.30 - Additional deposit.
Section 6B.31 - Payment by public authorities.
Section 6B.32 - Removal of condemner.
Section 6B.33 - Costs and attorney fees.
Section 6B.34 - Refusal to pay final award.
Section 6B.35 - Sheriff to file record.
Section 6B.36 - Clerk to file record.
Section 6B.37 - Form of record — certificate.
Section 6B.38 - Record of proceedings — fee — effect.
Section 6B.40 - Failure to record — liability.
Section 6B.42 - Eminent domain — payment to displaced persons.
Section 6B.44 - Taking property for highway — buildings and fences moved.
Section 6B.45 - Mailing copy of appraisal.
Section 6B.46 - Special proceedings to condemn existing utility.
Section 6B.52 - Renegotiation of damages.
Section 6B.53 - Procedure for homesteading projects.
Section 6B.54 - Acquisition policies for acquiring agencies.
Section 6B.55 - Buildings, structures, and improvements — policies for acquiring agencies.
Section 6B.56 - Disposition of condemned property.
Section 6B.56A - Disposition of condemned property — five-year time period.
Section 6B.57 - Procedural compliance.
Section 6B.59 - Sale of acquired property — reimbursement to landowner.
Section 6B.60 - Rental charges prohibited.
Section 6B.61 - Approval of local elected officials required.