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.
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.
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.
