State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-3 > Chapter-6b > 6b-42

        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.  
         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 472.42; 81 Acts, ch 22, § 21, 22] 
         Section History: Recent Form
         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 
         Footnotes
         2006 amendment to subsection 1, paragraph a, takes effect July 14,
      2006, and applies to applications for condemnation filed pursuant to
      §6B.3 on or after that date; 2006 Acts, 1st Ex, ch 1001, §49

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-3 > Chapter-6b > 6b-42

        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.  
         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 472.42; 81 Acts, ch 22, § 21, 22] 
         Section History: Recent Form
         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 
         Footnotes
         2006 amendment to subsection 1, paragraph a, takes effect July 14,
      2006, and applies to applications for condemnation filed pursuant to
      §6B.3 on or after that date; 2006 Acts, 1st Ex, ch 1001, §49

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-3 > Chapter-6b > 6b-42

        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.  
         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 472.42; 81 Acts, ch 22, § 21, 22] 
         Section History: Recent Form
         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 
         Footnotes
         2006 amendment to subsection 1, paragraph a, takes effect July 14,
      2006, and applies to applications for condemnation filed pursuant to
      §6B.3 on or after that date; 2006 Acts, 1st Ex, ch 1001, §49