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.
2006 amendments to this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 and
pending on that date if the appraisement report required under §6B.14
has not been filed with the sheriff; 2006 Acts, 1st Ex, ch 1001, §49
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.
2006 amendments to this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 and
pending on that date if the appraisement report required under §6B.14
has not been filed with the sheriff; 2006 Acts, 1st Ex, ch 1001, §49
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.
2006 amendments to this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 and
pending on that date if the appraisement report required under §6B.14
has not been filed with the sheriff; 2006 Acts, 1st Ex, ch 1001, §49
