State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-3 > Chapter-6b > 6b-4

        6B.4  COMMISSION TO ASSESS DAMAGES.
         Annually the board of supervisors of a county shall appoint not
      less than twenty-eight residents of the county and the names of such
      persons shall be placed on a list and they shall be eligible to serve
      as members of a compensation commission.  One-fourth of the persons
      appointed shall be owner-operators of agricultural property,
      one-fourth of the persons appointed shall be owners of city property,
      one-fourth shall be licensed real estate salespersons or real estate
      brokers, and one-fourth shall be persons having knowledge of property
      values in the county by reason of their occupation, such as bankers,
      auctioneers, property managers, property appraisers, and persons
      responsible for making loans on property.
         The chief judge of the judicial district or the chief judge's
      designee shall select by lot six persons from the list, two persons
      who are owner-operators of agricultural property when the property to
      be condemned is agricultural property; two persons who are owners of
      city property when the property to be condemned is other than
      agricultural property; and two persons from each of the remaining two
      representative groups, who shall constitute a compensation commission
      to assess the damages to all property to be taken by the applicant
      and located in the county, and shall name a chairperson from the
      persons selected.  The chief judge or the judge's designee may
      appoint such alternate members and chairpersons to the commission as
      are deemed necessary and appropriate under the circumstances.  A
      person shall not be selected as a member or alternate member of the
      compensation commission if the person possesses any interest in the
      proceeding which would cause the person to render a biased decision.
      The applicant shall mail a copy of the list of commissioners and
      alternates appointed by the chief judge by certified mail to the
      property owner at the owner's last known address.  The applicant
      shall also cause the list of commissioners and alternates to be
      published once in a newspaper of general circulation in the county,
      not less than four nor more than twenty days before the meeting of
      the compensation commission to assess the damages.  Service of the
      list of commissioners and alternates by publication shall be deemed
      complete on the day of publication.  In lieu of mailing and
      publishing the list of commissioners and alternates, the applicant
      may cause the list to be served upon the owner of the property in the
      manner provided by the Iowa rules of civil procedure for the personal
      service of original notice.  The list of commissioners and alternates
      shall be mailed and published or served, as above provided, prior to
      or contemporaneously with service of the notice of assessment as
      provided in section 6B.8.
         Written instructions for members of compensation commissions shall
      be prepared under the direction of the chief justice of the supreme
      court and distributed to the sheriff in each county.  The sheriff
      shall transmit copies of the instructions to each member of a
      compensation commission, and such instructions shall be read aloud to
      each commission before it commences its duties.  
         Section History: Early Form
         [R60, § 1317, 1318; C73, § 1244, 1245; C97, § 1999, 2029; C24, 27,
      31, 35, 39, § 7825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 472.4] 
         Section History: Recent Form
         C93, § 6B.4
         99 Acts, ch 171, §5, 6, 42; 2000 Acts, ch 1032, §1; 2000 Acts, ch
      1179, §10, 11, 30; 2006 Acts, 1st Ex, ch 1001, §47, 49
         Referred to in § 6B.3, 306.28, 331.321, 479.46, 479B.30

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-3 > Chapter-6b > 6b-4

        6B.4  COMMISSION TO ASSESS DAMAGES.
         Annually the board of supervisors of a county shall appoint not
      less than twenty-eight residents of the county and the names of such
      persons shall be placed on a list and they shall be eligible to serve
      as members of a compensation commission.  One-fourth of the persons
      appointed shall be owner-operators of agricultural property,
      one-fourth of the persons appointed shall be owners of city property,
      one-fourth shall be licensed real estate salespersons or real estate
      brokers, and one-fourth shall be persons having knowledge of property
      values in the county by reason of their occupation, such as bankers,
      auctioneers, property managers, property appraisers, and persons
      responsible for making loans on property.
         The chief judge of the judicial district or the chief judge's
      designee shall select by lot six persons from the list, two persons
      who are owner-operators of agricultural property when the property to
      be condemned is agricultural property; two persons who are owners of
      city property when the property to be condemned is other than
      agricultural property; and two persons from each of the remaining two
      representative groups, who shall constitute a compensation commission
      to assess the damages to all property to be taken by the applicant
      and located in the county, and shall name a chairperson from the
      persons selected.  The chief judge or the judge's designee may
      appoint such alternate members and chairpersons to the commission as
      are deemed necessary and appropriate under the circumstances.  A
      person shall not be selected as a member or alternate member of the
      compensation commission if the person possesses any interest in the
      proceeding which would cause the person to render a biased decision.
      The applicant shall mail a copy of the list of commissioners and
      alternates appointed by the chief judge by certified mail to the
      property owner at the owner's last known address.  The applicant
      shall also cause the list of commissioners and alternates to be
      published once in a newspaper of general circulation in the county,
      not less than four nor more than twenty days before the meeting of
      the compensation commission to assess the damages.  Service of the
      list of commissioners and alternates by publication shall be deemed
      complete on the day of publication.  In lieu of mailing and
      publishing the list of commissioners and alternates, the applicant
      may cause the list to be served upon the owner of the property in the
      manner provided by the Iowa rules of civil procedure for the personal
      service of original notice.  The list of commissioners and alternates
      shall be mailed and published or served, as above provided, prior to
      or contemporaneously with service of the notice of assessment as
      provided in section 6B.8.
         Written instructions for members of compensation commissions shall
      be prepared under the direction of the chief justice of the supreme
      court and distributed to the sheriff in each county.  The sheriff
      shall transmit copies of the instructions to each member of a
      compensation commission, and such instructions shall be read aloud to
      each commission before it commences its duties.  
         Section History: Early Form
         [R60, § 1317, 1318; C73, § 1244, 1245; C97, § 1999, 2029; C24, 27,
      31, 35, 39, § 7825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 472.4] 
         Section History: Recent Form
         C93, § 6B.4
         99 Acts, ch 171, §5, 6, 42; 2000 Acts, ch 1032, §1; 2000 Acts, ch
      1179, §10, 11, 30; 2006 Acts, 1st Ex, ch 1001, §47, 49
         Referred to in § 6B.3, 306.28, 331.321, 479.46, 479B.30

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-3 > Chapter-6b > 6b-4

        6B.4  COMMISSION TO ASSESS DAMAGES.
         Annually the board of supervisors of a county shall appoint not
      less than twenty-eight residents of the county and the names of such
      persons shall be placed on a list and they shall be eligible to serve
      as members of a compensation commission.  One-fourth of the persons
      appointed shall be owner-operators of agricultural property,
      one-fourth of the persons appointed shall be owners of city property,
      one-fourth shall be licensed real estate salespersons or real estate
      brokers, and one-fourth shall be persons having knowledge of property
      values in the county by reason of their occupation, such as bankers,
      auctioneers, property managers, property appraisers, and persons
      responsible for making loans on property.
         The chief judge of the judicial district or the chief judge's
      designee shall select by lot six persons from the list, two persons
      who are owner-operators of agricultural property when the property to
      be condemned is agricultural property; two persons who are owners of
      city property when the property to be condemned is other than
      agricultural property; and two persons from each of the remaining two
      representative groups, who shall constitute a compensation commission
      to assess the damages to all property to be taken by the applicant
      and located in the county, and shall name a chairperson from the
      persons selected.  The chief judge or the judge's designee may
      appoint such alternate members and chairpersons to the commission as
      are deemed necessary and appropriate under the circumstances.  A
      person shall not be selected as a member or alternate member of the
      compensation commission if the person possesses any interest in the
      proceeding which would cause the person to render a biased decision.
      The applicant shall mail a copy of the list of commissioners and
      alternates appointed by the chief judge by certified mail to the
      property owner at the owner's last known address.  The applicant
      shall also cause the list of commissioners and alternates to be
      published once in a newspaper of general circulation in the county,
      not less than four nor more than twenty days before the meeting of
      the compensation commission to assess the damages.  Service of the
      list of commissioners and alternates by publication shall be deemed
      complete on the day of publication.  In lieu of mailing and
      publishing the list of commissioners and alternates, the applicant
      may cause the list to be served upon the owner of the property in the
      manner provided by the Iowa rules of civil procedure for the personal
      service of original notice.  The list of commissioners and alternates
      shall be mailed and published or served, as above provided, prior to
      or contemporaneously with service of the notice of assessment as
      provided in section 6B.8.
         Written instructions for members of compensation commissions shall
      be prepared under the direction of the chief justice of the supreme
      court and distributed to the sheriff in each county.  The sheriff
      shall transmit copies of the instructions to each member of a
      compensation commission, and such instructions shall be read aloud to
      each commission before it commences its duties.  
         Section History: Early Form
         [R60, § 1317, 1318; C73, § 1244, 1245; C97, § 1999, 2029; C24, 27,
      31, 35, 39, § 7825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 472.4] 
         Section History: Recent Form
         C93, § 6B.4
         99 Acts, ch 171, §5, 6, 42; 2000 Acts, ch 1032, §1; 2000 Acts, ch
      1179, §10, 11, 30; 2006 Acts, 1st Ex, ch 1001, §47, 49
         Referred to in § 6B.3, 306.28, 331.321, 479.46, 479B.30