6B.46 Special proceedings to condemn existing utility.
1. When any city has voted at an election to purchase, establish, erect, maintain and operate heating plants, waterworks, gasworks or electric light or power plants, or when it has voted to contract an indebtedness and issue bonds for such purposes, and in such city there exists any such utility, or incomplete parts thereof or more than one, not publicly owned, and the contract or franchise of the owner of the utility has expired or been surrendered, and the owner and the city cannot agree upon terms of purchase, it may, by resolution, proceed to acquire by condemnation any one or more of the utilities or incomplete parts thereof. When so acquired it may apply the proceeds of the bonds in payment therefor and in making extensions and improvements to such works or plants so acquired, but not more than one utility may be so acquired when the municipality is indebted in excess of the statutory limitation of indebtedness for such purposes for any such acquired property.
2. Upon the passage of the resolution as provided in subsection 1 and the presentation of a certified copy thereof to the supreme court while in session, or to the chief justice of the supreme court, the court or chief justice shall within five days appoint as a court of condemnation three district court judges from three judicial districts, one of whom shall be from the district in which the city is located, if not a resident of the city, and shall enter an order requiring the judges to attend as such court of condemnation at the county seat of the county in which the city is located within ten days. The district court judges shall attend and constitute a court of condemnation.
3. Said court when it meets to organize or at any time during the proceedings, which may be adjourned from time to time for any purpose, may fix the time for the appearance of any person that any party desires to have joined in the proceedings, and whom the court deems necessary. The time for appearance shall be sufficiently remote to serve notice upon the parties, but if the time for appearance occurs after the proceedings are begun, the proceedings may be reviewed by the court to give all parties a full opportunity to be heard.
4. Persons not voluntarily appearing, but having any right, title, or interest in or to the property which is the subject of condemnation, or any part thereof, including all leaseholders, mortgagees and trustees of bondholders, who are to be made parties to the proceedings shall be served with notice of the proceedings and the time and place of meeting of the court in the same manner and for the same length of time as for the service of original notice, either by personal service, or by service by publication, the time so set being the time at which the parties so served are required to appear, and actual personal service of the notice within or without the state shall supersede the necessity for publication.
5. The court of condemnation shall have power to summon and swear witnesses, take evidence, order the taking of depositions, require the production of any books or papers, and may appoint a shorthand reporter. It shall perform all the duties of commissioners in the condemnation of property. The duties and the method of procedure and condemnation, including provisions for appeal shall be except as otherwise specifically provided, as provided for the taking of private property for works of internal improvement. The clerk of the district court of the county where the city is located shall perform all of the duties required of the sheriff in the condemnation; and in case of a vacancy in the court, the vacancy shall be filled in the manner in which the original appointment was made. When necessary by reason of a vacancy, the court may review any evidence in its record.
6. The costs of the proceedings shall be the same and paid in the same manner as in proceedings in the district court, and the district court judges of the court of condemnation shall receive, while engaged in such service, their actual expenses, which expenses shall be taxed as costs in the case.
[C73, §474; C97, §722; S13, §722; C24, 27, 31, 35, 39, §6135; C46, 50, 54, 58, 62, 66, 71, §397.20; C73, 75, 77, 79, 81, §472.46]
C93, §6B.46
2006 Acts, 1st Ex, ch 1001, §47, 49
Time and manner of service,
R.C.P. 1.302 – 1.315
Costs generally, chapter 625
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.