reglab/housing_qa huggingface dataset:
IA Code § 6B.25 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.25 - Right to take possession of lands — title — damages award.

6B.25 Right to take possession of lands — title — damages award.   1. a. Upon the filing of the commissioners’ report with the sheriff, the applicant may deposit with the sheriff the amount assessed in favor of a claimant, and the applicant, except as otherwise provided, may take possession of the land condemned and proceed with the improvement. An appeal from the assessment does not affect the right, except as otherwise provided.   b. Prior to expiration of the time provided for appeal, the property owner may apply to the district court for release of that part of the damages deposited which the court finds proper. If there is not an appeal by any party, the property owner shall be entitled to the whole of the damages awarded.   c. Upon appeal from the commissioners’ award of damages, the district court may direct that the part of the amount of damages deposited with the sheriff, as it finds just and proper, be paid to the claimant. If upon trial of the appeal a lesser amount is awarded, the difference between the amount so awarded and the amount paid shall be repaid by the person to whom it was paid and upon failure to make the repayment the party shall have judgment entered against the person who received the excess payment.   d. Title to the property or the interests in property passes to the applicant when damages have been finally determined and paid.   2. If an award of damages is appealed to district court, the amount deposited with the sheriff, if any, less the amount paid by the sheriff to the claimant, shall be transferred to the clerk of district court where the appeal was filed and the clerk shall deposit the money in an interest-bearing account. The district court in its judgment rendered pursuant to section 6B.23 shall award the interest earned on the account in proportion to the amount of damages ascertained and entered of record.  [R60, §1317; C73, §1244, 1255, 1256, 1272; C97, §1999, 2010, 2025, 2029; S13, §2024-e, -g, -h; C24, 27, 31, 35, 39, §7844, 7847, 7848; C46, 50, 54, 58, §472.25, 472.28, 472.29; C62, 66, 71, 73, 75, 77, 79, 81, §472.25]  84 Acts, ch 1065, §4  C93, §6B.25  2000 Acts, ch 1179, §18, 30; 2004 Acts, ch 1121, §2; 2019 Acts, ch 24, §104  Referred to in §6B.23, 6B.32, 6B.60, 306B.4, 306C.17
IA Code § 6B.26 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.26 - Dispossession of landowner or injury to property — limitation.

6B.26 Dispossession of landowner or injury to property — limitation.   1. A landowner shall not be dispossessed under condemnation proceedings of the landowner’s residence, dwelling house, outbuildings if the residence or dwelling house is also acquired, orchard, or garden, until the damages thereto have been finally determined and paid. However, if the property described in this subsection is condemned for highway purposes by the state department of transportation, the condemning authority may take possession of the property either after the damages have been finally determined and paid or one hundred eighty days after the compensation commission has determined and filed its award, in which event all of the appraisement of damages shall be paid to the property owner before the dispossession can take place. This subsection shall not apply to condemnation proceedings for drainage or levee improvements, or for public school purposes. For the purposes of this subsection, “outbuildings” means structures and improvements located in proximity to the landowner’s residence.   2. If it appears from the finding of the commissioners that the dwelling house, outhouse, orchard, or garden of the owner of any land taken will be overflowed or otherwise injuriously affected by any dam or reservoir to be constructed as authorized by this chapter, such dam shall not be erected until the question of such overflowing or other injury has been determined in favor of the corporation upon appeal.  [C24, 27, 31, 35, 39, §7845; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.26]  C93, §6B.26  99 Acts, ch 171, §14, 42;  2006 Acts, 1st Ex, ch 1001, §47, 49  Referred to in §6B.32
IA Code § 6B.30 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.30 - Additional deposit.

6B.30 Additional deposit.   If, on the trial of the appeal, the damages awarded by the commissioners are increased, the condemner shall, if the condemner is already in possession of the property, make such additional deposit with the sheriff, as will, with the deposit already made, equal the entire damages allowed. If the condemner be not already in possession, the condemner shall deposit with the sheriff the entire damages awarded, before entering on, using, or controlling the premises.  [C73, §1258; C97, §2012; C24, 27, 31, 35, 39, §7849; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.30]  C93, §6B.30  Referred to in §6B.32
IA Code § 6B.31 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.31 - Payment by public authorities.

6B.31 Payment by public authorities.   When damages, by reason of condemnation, are payable from public funds, the sheriff, or clerk of the district court, as the case may be, shall certify to the officer, board, or commission having power to audit claims for the purchase price of said lands, the amount legally payable to each claimant, and, separately, a detailed statement of the cost legally payable from such public funds. Said officer, board, or commission shall audit said claims, and the warrant-issuing officer shall issue warrants therefor on any funds appropriated therefor, or otherwise legally available for the payment of the same. Warrants shall be drawn in favor of each claimant to whom damages are payable. The warrant in payment of costs shall be issued in favor of the officer certifying thereto.  [C73, §1272; C97, §2025; S13, §2024-b, -e, -g; C24, 27, 31, 35, 39, §7850; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.31]  C93, §6B.31  Referred to in §6B.32
IA Code § 6B.32 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.32 - Removal of condemner.

6B.32 Removal of condemner.   The sheriff, upon being furnished with a copy of the assessment as determined on appeal, certified to by the clerk of the district court, may remove from said premises the condemner and all persons acting for or under the condemner, unless the amount of the assessment is forthwith paid or deposited as provided in sections 6B.25 through 6B.31.  [C73, §1258; C97, §2012; C24, 27, 31, 35, 39, §7851; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.32]  C93, §6B.32  2020 Acts, ch 1063, §1  Section amended
IA Code § 6B.33 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.33 - Costs and attorney fees.

6B.33 Costs and attorney fees.   The acquiring agency shall pay all costs of the assessment made by the commissioners and reasonable attorney fees and costs, including the reasonable cost of one appraisal, incurred by the condemnee as determined by the commissioners if the award of the commissioners exceeds one hundred ten percent of the final offer of the applicant prior to condemnation. The condemnee shall submit an application for fees and costs prior to adjournment of the final meeting of the compensation commission held on the matter. The acquiring agency shall file with the sheriff an affidavit setting forth the most recent offer made to the person whose property is sought to be condemned. Members of such commissions shall receive a per diem of two hundred dollars and actual and necessary expenses incurred in the performance of their official duties. The acquiring agency shall reimburse the county sheriff for the per diem and expense amounts paid by the sheriff to the members. The acquiring agency shall reimburse the owner for the expenses the owner incurred for recording fees, penalty costs for full or partial prepayment of any preexisting recorded mortgage entered into in good faith encumbering the property, and for similar expenses incidental to conveying the property to the acquiring agency. The acquiring agency shall also pay all costs occasioned by the appeal, including reasonable attorney fees and the reasonable cost incurred by the property owner for one appraisal to be taxed by the court, unless on the trial thereof the same or a lesser amount of damages is awarded than was allowed by the tribunal from which the appeal was taken.  [R60, §1317; C73, §1252; C97, §2007; C24, 27, 31, 35, 39, §7852; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.33]  C93, §6B.33  99 Acts, ch 171, §15, 42; 2000 Acts, ch 1179, §19, 30; 2002 Acts, ch 1063, §5;  2006 Acts, 1st Ex, ch 1001, §15, 49  Referred to in §461A.75
IA Code § 6B.34 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.34 - Refusal to pay final award.

6B.34 Refusal to pay final award.   Should the applicant decline, at any time after an appeal is taken as provided in section 6B.18, to take the property and pay the damages awarded, the applicant shall pay, in addition to the costs and damages actually suffered by the landowner, reasonable attorney fees to be taxed by the court.  [C97, §2011; C24, 27, 31, 35, 39, §7853; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.34]  C93, §6B.34
IA Code § 6B.35 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.35 - Sheriff to file record.

6B.35 Sheriff to file record.   Thirty days after the date of mailing the notice of appraisement of damages, the sheriff shall file with the county recorder of the county in which the condemned land is situated, the following papers:   1. A certified copy of the application for condemnation.   2. All notices, together with all returns of service endorsed on the returns or attached to the returns.   3. The report of the commissioners.   4. All other papers filed with the sheriff in the proceedings.   5. A written statement by the sheriff of all money received in payment of damages, from whom received, to whom paid, and the amount paid to each claimant and reference to the application for condemnation by document reference or instrument number and the date the application was filed with the county recorder.  [C73, §1253; C97, §2008; C24, 27, 31, 35, 39, §7854; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.35]  84 Acts, ch 1065, §5  C93, §6B.35  2001 Acts, ch 44, §1  Referred to in §6B.37, 6B.38
IA Code § 6B.36 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.36 - Clerk to file record.

6B.36 Clerk to file record.   The clerk of the district court, in case an appeal is taken in condemnation proceedings, shall file with the county recorder:   1. A copy of the final judgment entry of the court showing the amount of damages determined on appeal.   2. A written statement by the clerk of all money received by the clerk in payment of damages, from whom received, to whom paid, and the amount paid to each claimant.   3. A copy of the description of the property condemned and the interest acquired in the property.  [C24, 27, 31, 35, 39, §7855; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.36]  84 Acts, ch 1065, §6  C93, §6B.36  Referred to in §6B.37
IA Code § 6B.37 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.37 - Form of record — certificate.

6B.37 Form of record — certificate.   The papers described in sections 6B.35 and 6B.36 shall be securely fastened together, arranged in the order named in those sections, and be accompanied by a certificate of the officer filing the papers that the papers are true and correct copies of the original files in the proceedings and that the statements accompanying the papers are true.  [C24, 27, 31, 35, 39, §7856; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.37]  91 Acts, ch 116, §3  C93, §6B.37  2014 Acts, ch 1092, §3  Referred to in §6B.3
IA Code § 6B.38 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.38 - Record of proceedings — fee — effect.

6B.38 Record of proceedings — fee — effect.   1. The county recorder shall record the papers, statements, and certificate in the record of deeds and properly index them. The recorder may return the recorded instrument to the sender or dispose of that instrument if the sender does not wish to have the instrument returned. A document filed in the recorder’s office before July 1, 1990, may be returned to the sender or disposed of if the sender does not wish to have the document returned and if there is an official copy of that document in the recorder’s office.   2. The county recorder shall file a copy of the sheriff’s statement required by section 6B.35, subsection 5, with the office of the secretary of state.   3. The sheriff or clerk, as the case may be, shall collect from the condemner such fee as the county recorder would have legal right to demand for making such record, and pay such fee to the recorder upon presenting the papers for record.   4. The said original papers, statements, and certificate, or the record thereof shall be presumptive evidence of title in the condemner, and shall constitute constructive notice of the right of such condemner to the lands condemned.  [C73, §1253; C97, §2008; C24, 27, 31, 35, 39, §7857; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.38]  90 Acts, ch 1021, §3; 91 Acts, ch 116, §4  C93, §6B.38  99 Acts, ch 171, §16, 42;  2006 Acts, 1st Ex, ch 1001, §47, 49  Referred to in §6B.3, 6B.40, 331.602  Recorder fee, see §331.604
IA Code § 6B.40 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.40 - Failure to record — liability.

6B.40 Failure to record — liability.   Any sheriff, or clerk of the district court, as the case may be, who fails to present the required papers, statements, and certificate for record, and any recorder who fails to record the same as provided in section 6B.38 shall be liable for all damages caused by such failure.  [C24, 27, 31, 35, 39, §7859; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.40]  C93, §6B.40  2014 Acts, ch 1092, §4
IA Code § 6B.42 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.42 - Eminent domain — payment to displaced persons.

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
IA Code § 6B.44 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.44 - Taking property for highway — buildings and fences moved.

6B.44 Taking property for highway — buildings and fences moved.   When real property or an interest therein is purchased or condemned for highway purposes and a fence or building is located on such property, the governmental agency shall be responsible for all costs incurred by the property owner in replacing or moving the fence or moving the building onto property owned by the landowner and abutting the property purchased or condemned for highway purposes, or the governmental agency may replace or move the fence or move the building. Such costs shall not constitute an additional element of damages which would permit unjust enrichment or a duplication of payments to any condemnee.  [C71, 73, 75, 77, 79, 81, §472.44]  C93, §6B.44
IA Code § 6B.45 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.45 - Mailing copy of appraisal.

6B.45 Mailing copy of appraisal.   1. When any real property or interest in real property is to be purchased, or in lieu thereof to be condemned, the acquiring agency or its agent shall submit to the person, corporation, or entity whose property or interest in the property is to be taken, by ordinary mail, at least ten days prior to the date upon which the acquiring agency or its agent contacts the property owner to commence negotiations, a copy of the appraisal in its entirety upon such real property or interest in such real property prepared for the acquiring agency or its agent, which shall include, at a minimum, an itemization of the appraised value of the real property or interest in the property, any buildings on the property, all other improvements including fences, severance damages, and loss of access. In determining fair market value of property, the acquiring agency shall not consider only the assessed value assigned to such property for purposes of property taxation. The appraisal sent to the condemnee shall be that appraisal upon which the condemnor will rely to establish an amount which the condemnor believes to be just compensation for the real property. All other appraisals made on the property as a result of the condemnation proceeding shall be made available to the condemnee upon request. In lieu of an appraisal, a utility or person under the jurisdiction of the utilities board of the department of commerce, or any other utility conferred the right by statute to condemn private property, shall provide in writing by certified mail to the owner of record thirty days prior to negotiations, the methods and factors used in arriving at an offered price for voluntary easements including the range of cash amount of each component. An acquiring agency may obtain a signed written waiver from the landowner to allow negotiations to commence prior to the expiration of the applicable waiting period for the commencement of negotiations.   2. Only the appraisal prepared under this section shall be forwarded to the compensation commission by the acquiring agency.  [C71, 73, 75, 77, 79, 81, §472.45]  C93, §6B.45  99 Acts, ch 171, §18, 42; 2000 Acts, ch 1179, §20, 30  ; 2006 Acts, 1st Ex, ch 1001, §17, 49  ; 2020 Acts, ch 1062, §94  Referred to in §6B.2B, 6B.54, 22.7(7), 427.2  Code editor directive applied
IA Code § 6B.52 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.52 - Renegotiation of damages.

6B.52 Renegotiation of damages.   Whenever property or an interest therein has been taken by condemnation or has been purchased for a public use and a settlement for construction or maintenance damages has been thereafter entered into pursuant to said condemnation or purchase, the owner shall have five years from the date of said settlement to renegotiate construction or maintenance damages not apparent at the time of said settlement. The condemner or purchaser shall give written notice to the owner of such right of renegotiation at the time said settlement is entered into.  [C73, 75, 77, 79, 81, §472.52]  C93, §6B.52  Referred to in §479.45, 479B.29
IA Code § 6B.53 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.53 - Procedure for homesteading projects.

6B.53 Procedure for homesteading projects. Repealed by  2007 Acts, ch 54, §45  .
IA Code § 6B.55 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 6B - PROCEDURE UNDER EMINENT DOMAIN|Section 6B.55 - Buildings, structures, and improvements — policies for acquiring agencies.

6B.55 Buildings, structures, and improvements — policies for acquiring agencies.   For any public use, public purpose, or public improvement for which condemnation is sought, an acquiring agency shall at a minimum satisfy the following policies:   1. If an interest in real property is acquired, the acquiring agency shall acquire an equal interest in all buildings, structures, or other improvements located upon the real property which are required to be removed from the real property or which are determined to be adversely affected by the use to which the real property will be put.   2. For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired under this section, the building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant of the lands, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of the tenant’s term. The fair market value which the building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the owner of the building, structure, or improvement.   3. Payment for the building, structure, or improvement under this section shall not result in duplication of any payments otherwise authorized by state law. The payment shall not be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release all the tenant’s right, title, and interest in and to the improvements. Nothing with regard to the above-mentioned acquisition of buildings, structures, or other improvements shall be construed to deprive the tenant of any rights to reject payment and to obtain payment for the property interests in accordance with other laws of this state.  89 Acts, ch 20, §20  CS89, §472.55  C93, §6B.55  99 Acts, ch 171, §21, 42;  2006 Acts, 1st Ex, ch 1001, §19, 49