6B.18 Notice of appraisement — appeal of award — notice of appeal.
1. After the appraisement of damages has been delivered to the sheriff by the compensation commission, the sheriff shall give written notice, by ordinary mail, to the condemner and the condemnee of the date on which the appraisement of damages was made, the amount of the appraisement, and that any interested party may, within thirty days from the date of mailing the notice of the appraisement of damages, appeal to the district court by filing notice of appeal with the district court of the county in which the real estate is located and by giving written notice to the sheriff that the appeal has been taken. The sheriff shall endorse the date of mailing of notice upon the original appraisement of damages.
2. An appeal of appraisement of damages is deemed to be perfected upon filing of a notice of appeal with the district court within thirty days from the date of mailing the notice of appraisement of damages. The notice of appeal shall be served on the adverse party, or the adverse party’s agent or attorney, and any lienholder and encumbrancer of the property in the same manner as an original notice within thirty days from the date of filing the notice of appeal unless, for good cause shown, the court grants more than thirty days. If after reasonable diligence, the notice cannot be personally served, the court may prescribe an alternative method of service consistent with due process of law.
3. In case of condemnation proceedings instituted by the state department of transportation, when the owner appeals from the assessment made, such notice of appeal shall be served upon the attorney general, or the department general counsel to the state department of transportation, or the chief highway engineer for the department.
4. When an appeal is taken, the sheriff shall at once file with the clerk of the district court a certified copy of as much of the assessment as applies to the part for which the appeal is taken.
[R60, §1317; C73, §1254; C97, §2009; S13, §2009; C24, 27, 31, 35, 39, §7839; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.18]
C93, §6B.18
2002 Acts, ch 1063, §2; 2003 Acts, ch 44, §1;
2006 Acts, 1st Ex, ch 1001, §47, 49
Referred to in §6B.34, 476.27, 589.27
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.