6B.4 Commission to assess damages.
1. Annually the board of supervisors of a county shall appoint not less than twenty-eight residents of the county and the names of such persons shall be placed on a list and they shall be eligible to serve as members of a compensation commission. One-fourth of the persons appointed shall be owner-operators of agricultural property, one-fourth of the persons appointed shall be owners of city property, one-fourth shall be licensed real estate salespersons or real estate brokers, and one-fourth shall be persons having knowledge of property values in the county by reason of their occupation, such as bankers, auctioneers, property managers, property appraisers, and persons responsible for making loans on property.
2. a. The chief judge of the judicial district or the chief judge’s designee shall select by lot six persons from the list, who shall constitute a compensation commission to assess the damages to all property to be taken by the applicant and located in the county, as follows:
(1) Two persons who are owner-operators of agricultural property when the property to be condemned is agricultural property.
(2) Two persons who are owners of city property when the property to be condemned is other than agricultural property.
(3) Two persons from each of the remaining two representative groups.
b. The chief judge or the judge’s designee shall name a chairperson from the persons selected and may appoint such alternate members and chairpersons to the commission as are deemed necessary and appropriate under the circumstances. A person shall not be selected as a member or alternate member of the compensation commission if the person possesses any interest in the proceeding which would cause the person to render a biased decision. The applicant shall mail a copy of the list of commissioners and alternates appointed by the chief judge by certified mail to the property owner at the owner’s last known address. The applicant shall also cause the list of commissioners and alternates to be published once in a newspaper of general circulation in the county, not less than four nor more than twenty days before the meeting of the compensation commission to assess the damages. Service of the list of commissioners and alternates by publication shall be deemed complete on the day of publication. In lieu of mailing and publishing the list of commissioners and alternates, the applicant may cause the list to be served upon the owner of the property in the manner provided by the Iowa rules of civil procedure for the personal service of original notice. The list of commissioners and alternates shall be mailed and published or served, as above provided, prior to or contemporaneously with service of the notice of assessment as provided in section 6B.8.
3. Written instructions for members of compensation commissions shall be prepared under the direction of the chief justice of the supreme court and distributed to the sheriff in each county. The sheriff shall transmit copies of the instructions to each member of a compensation commission, and such instructions shall be read aloud to each commission before it commences its duties.
[R60, §1317, 1318; C73, §1244, 1245; C97, §1999, 2029; C24, 27, 31, 35, 39, §7825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.4]
C93, §6B.4
99 Acts, ch 171, §5, 6, 42; 2000 Acts, ch 1032, §1; 2000 Acts, ch 1179, §10, 11, 30
; 2006 Acts, 1st Ex, ch 1001, §47, 49
; 2014 Acts, ch 1092, §2
Referred to in §6B.3, 306.28, 331.321, 479.46, 479B.30
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.