6B.42 Eminent domain — payment to displaced persons.
1. a. The acquiring agency shall provide to the person, in addition to any other sums of money in payment of just compensation, the payments and assistance required by law, in accordance with chapter 316, as if the acquiring agency were a displacing agency under that chapter.
b. A person aggrieved by a determination made as to eligibility for relocation assistance, a payment, or the amount of the payment, upon application, may have the matter reviewed by the appropriate acquiring agency.
c. An acquiring agency subject to this section that proposes to displace a person shall inform the person of the person’s right to receive relocation assistance and payments, and of an aggrieved person’s right to appeal a determination as to assistance and payments.
2. a. A utility or railroad subject to section 327C.2, or chapters 476, 478, 479, 479A, and 479B, authorized by law to acquire property by condemnation, which acquires the property of a person or displaces a person for a program or project which has received or will receive federal financial assistance as defined in section 316.1, shall provide to the person, in addition to any other sums of money in payment of just compensation, the payments and assistance required by law, in accordance with chapter 316.
b. A person aggrieved by a determination made by a utility as to eligibility for relocation assistance, a payment, or the amount of the payment, upon application, may have the matter reviewed by the utilities division of the department of commerce.
c. A person aggrieved by a determination made by a railroad as to eligibility for relocation assistance, a payment, or the amount of the payment, upon application, may have the matter reviewed by the state department of transportation.
d. A utility or railroad subject to this section that proposes to displace a person shall inform the person of the person’s right to receive relocation assistance and payments, and of an aggrieved person’s right to appeal to the utilities division of the department of commerce or the state department of transportation.
[C71, 73, 75, 77, 79, 81, §472.42; 81 Acts, ch 22, §21, 22]
89 Acts, ch 20, §18
C93, §6B.42
95 Acts, ch 192, §1; 99 Acts, ch 171, §17, 42;
2006 Acts, 1st Ex, ch 1001, §16, 49
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.