6B.54 ACQUISITION 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. Every reasonable and good faith effort shall be made to
acquire expeditiously real property by negotiation as provided in
section 6B.2B.
2. Real property shall be appraised as required by section 6B.45
before the initiation of negotiations, and the owner or the owner's
designated representative shall be given an opportunity to accompany
at least one appraiser of the acquiring agency during an inspection
of the property, except that an acquiring agency may prescribe a
procedure to waive the appraisal in cases involving the acquisition
of property with a low fair market value. 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 before
negotiations, the methods and factors used in arriving at an offered
price for voluntary easements including the range of cash amount of
each component.
3. Before the initiation of negotiations for real property, the
acquiring agency shall establish an amount which it believes to be
just compensation for the real property, and shall make a prompt
offer to acquire the property for the full amount established by the
agency. In no event shall the amount be less than the fair market
value the acquiring agency has established for the property or
property interest pursuant to the appraisal required in section 6B.45
or less than the value determined under the acquiring agency's waiver
procedure established pursuant to subsection 2. A purchase offer
made by an acquiring agency shall include provisions for payment to
the owner of expenses, including relocation expenses, expenses listed
in subsection 10, and other expenses required by law to be paid by an
acquiring agency to a condemnee. However, in the alternative, the
acquiring agency may make, and the owner may accept, a purchase offer
from the acquiring agency that is an amount equal to one hundred
thirty percent of the appraisal amount plus payment to the owner of
expenses listed in subsection 10, once those expenses have been
determined. If the owner accepts such a purchase offer, the owner is
barred from claiming payment from the acquiring agency for any other
expenses allowed by law. In the case of 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, the amount shall not be less than the
amount indicated by the methods and factors used in arriving at an
offered price for a voluntary easement. The option to make an
alternative purchase offer does not apply when property is being
acquired for street and highway projects undertaken by the state, a
county, or a city.
4. The construction or development of a public improvement shall
be so scheduled that, to the greatest extent practicable, no person
lawfully occupying real property shall be required to move from a
dwelling or to move the person's business or farm operation without
at least ninety days' written notice of the date by which the move is
required.
5. If after damages have been finally determined and paid, an
owner or tenant is permitted to occupy the real property acquired on
a rental basis for a short term or for a period subject to
termination on short notice, the amount of rent required shall not
exceed the fair rental value of the property to a short-term
occupier.
6. In no event shall the time of condemnation be advanced, or
negotiations or condemnation and the deposit of funds in court for
the use of the owner be deferred, or any other coercive action be
taken to compel an agreement on the price to be paid for the
property.
7. If an interest in real property is to be acquired by exercise
of the power of eminent domain, formal condemnation proceedings shall
be instituted. The acquiring agency shall not intentionally make it
necessary for an owner to institute legal proceedings to prove the
fact of the taking of the owner's real property.
8. If the acquisition of only a portion of property would leave
the owner with an uneconomical remnant, the acquiring agency shall
offer to acquire that remnant. For the purposes of this chapter, an
"uneconomical remnant" is a parcel of real property in which the
owner is left with an interest after the partial acquisition of the
owner's property, where the acquiring agency determines that the
parcel has little or no value or utility to the owner.
9. A person whose real property is being acquired in accordance
with this chapter, after the person has been fully informed of the
person's right to receive just compensation for the property, may
donate the property, any part of the property, any interest in the
property, or any compensation paid for it as the person may
determine.
10. a. As soon as practicable after the date of payment of
the purchase price or the date of deposit in court of funds to
satisfy the award of compensation in a condemnation proceeding to
acquire real property, whichever is earlier, the acquiring agency
shall reimburse the owner, to the extent the acquiring agency deems
fair and reasonable, for expenses the owner necessarily incurred for
all of the following:
(1) Recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the acquiring agency.
(2) Penalty costs for full or partial prepayment of any
preexisting recorded mortgage entered into in good faith encumbering
the real property.
b. Payments and expenditures under this subsection are
incident to and arise out of the program or project for which the
acquisition activity takes place. Such payments and expenditures may
be made from the funds made available for the program or project.
c. A person aggrieved by a determination as to the
eligibility for or amount of a reimbursement may apply to have the
matter reviewed by the acquiring agency or in accordance with section
316.9 if applicable.
11. An owner shall not be required to surrender possession of
real property before the acquiring agency concerned pays the agreed
purchase price.
12. After damages have been finally determined and paid, the
acquiring agency may offer, and the owner may accept, an amount equal
to thirty percent of the amount of damages plus payment to the owner
of expenses listed in subsection 10, once those expenses have been
determined. If the owner accepts such an offer, the owner is barred
from claiming payment from the acquiring agency for any other
expenses allowed by law. This subsection does not apply when
property is being acquired for street and highway projects undertaken
by the state, a county, or a city.
2006 amendment to subsection 3 takes effect January 1, 2007; 2006
amendments to balance of this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 on or
after that date; subsection 12 applies to applications that are
pending on July 14, 2006, if the appraisement report required under
§6B.14 has not been filed with the sheriff; 2006 Acts, 1st Ex, ch
1001, §49
6B.54 ACQUISITION 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. Every reasonable and good faith effort shall be made to
acquire expeditiously real property by negotiation as provided in
section 6B.2B.
2. Real property shall be appraised as required by section 6B.45
before the initiation of negotiations, and the owner or the owner's
designated representative shall be given an opportunity to accompany
at least one appraiser of the acquiring agency during an inspection
of the property, except that an acquiring agency may prescribe a
procedure to waive the appraisal in cases involving the acquisition
of property with a low fair market value. 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 before
negotiations, the methods and factors used in arriving at an offered
price for voluntary easements including the range of cash amount of
each component.
3. Before the initiation of negotiations for real property, the
acquiring agency shall establish an amount which it believes to be
just compensation for the real property, and shall make a prompt
offer to acquire the property for the full amount established by the
agency. In no event shall the amount be less than the fair market
value the acquiring agency has established for the property or
property interest pursuant to the appraisal required in section 6B.45
or less than the value determined under the acquiring agency's waiver
procedure established pursuant to subsection 2. A purchase offer
made by an acquiring agency shall include provisions for payment to
the owner of expenses, including relocation expenses, expenses listed
in subsection 10, and other expenses required by law to be paid by an
acquiring agency to a condemnee. However, in the alternative, the
acquiring agency may make, and the owner may accept, a purchase offer
from the acquiring agency that is an amount equal to one hundred
thirty percent of the appraisal amount plus payment to the owner of
expenses listed in subsection 10, once those expenses have been
determined. If the owner accepts such a purchase offer, the owner is
barred from claiming payment from the acquiring agency for any other
expenses allowed by law. In the case of 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, the amount shall not be less than the
amount indicated by the methods and factors used in arriving at an
offered price for a voluntary easement. The option to make an
alternative purchase offer does not apply when property is being
acquired for street and highway projects undertaken by the state, a
county, or a city.
4. The construction or development of a public improvement shall
be so scheduled that, to the greatest extent practicable, no person
lawfully occupying real property shall be required to move from a
dwelling or to move the person's business or farm operation without
at least ninety days' written notice of the date by which the move is
required.
5. If after damages have been finally determined and paid, an
owner or tenant is permitted to occupy the real property acquired on
a rental basis for a short term or for a period subject to
termination on short notice, the amount of rent required shall not
exceed the fair rental value of the property to a short-term
occupier.
6. In no event shall the time of condemnation be advanced, or
negotiations or condemnation and the deposit of funds in court for
the use of the owner be deferred, or any other coercive action be
taken to compel an agreement on the price to be paid for the
property.
7. If an interest in real property is to be acquired by exercise
of the power of eminent domain, formal condemnation proceedings shall
be instituted. The acquiring agency shall not intentionally make it
necessary for an owner to institute legal proceedings to prove the
fact of the taking of the owner's real property.
8. If the acquisition of only a portion of property would leave
the owner with an uneconomical remnant, the acquiring agency shall
offer to acquire that remnant. For the purposes of this chapter, an
"uneconomical remnant" is a parcel of real property in which the
owner is left with an interest after the partial acquisition of the
owner's property, where the acquiring agency determines that the
parcel has little or no value or utility to the owner.
9. A person whose real property is being acquired in accordance
with this chapter, after the person has been fully informed of the
person's right to receive just compensation for the property, may
donate the property, any part of the property, any interest in the
property, or any compensation paid for it as the person may
determine.
10. a. As soon as practicable after the date of payment of
the purchase price or the date of deposit in court of funds to
satisfy the award of compensation in a condemnation proceeding to
acquire real property, whichever is earlier, the acquiring agency
shall reimburse the owner, to the extent the acquiring agency deems
fair and reasonable, for expenses the owner necessarily incurred for
all of the following:
(1) Recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the acquiring agency.
(2) Penalty costs for full or partial prepayment of any
preexisting recorded mortgage entered into in good faith encumbering
the real property.
b. Payments and expenditures under this subsection are
incident to and arise out of the program or project for which the
acquisition activity takes place. Such payments and expenditures may
be made from the funds made available for the program or project.
c. A person aggrieved by a determination as to the
eligibility for or amount of a reimbursement may apply to have the
matter reviewed by the acquiring agency or in accordance with section
316.9 if applicable.
11. An owner shall not be required to surrender possession of
real property before the acquiring agency concerned pays the agreed
purchase price.
12. After damages have been finally determined and paid, the
acquiring agency may offer, and the owner may accept, an amount equal
to thirty percent of the amount of damages plus payment to the owner
of expenses listed in subsection 10, once those expenses have been
determined. If the owner accepts such an offer, the owner is barred
from claiming payment from the acquiring agency for any other
expenses allowed by law. This subsection does not apply when
property is being acquired for street and highway projects undertaken
by the state, a county, or a city.
2006 amendment to subsection 3 takes effect January 1, 2007; 2006
amendments to balance of this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 on or
after that date; subsection 12 applies to applications that are
pending on July 14, 2006, if the appraisement report required under
§6B.14 has not been filed with the sheriff; 2006 Acts, 1st Ex, ch
1001, §49
6B.54 ACQUISITION 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. Every reasonable and good faith effort shall be made to
acquire expeditiously real property by negotiation as provided in
section 6B.2B.
2. Real property shall be appraised as required by section 6B.45
before the initiation of negotiations, and the owner or the owner's
designated representative shall be given an opportunity to accompany
at least one appraiser of the acquiring agency during an inspection
of the property, except that an acquiring agency may prescribe a
procedure to waive the appraisal in cases involving the acquisition
of property with a low fair market value. 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 before
negotiations, the methods and factors used in arriving at an offered
price for voluntary easements including the range of cash amount of
each component.
3. Before the initiation of negotiations for real property, the
acquiring agency shall establish an amount which it believes to be
just compensation for the real property, and shall make a prompt
offer to acquire the property for the full amount established by the
agency. In no event shall the amount be less than the fair market
value the acquiring agency has established for the property or
property interest pursuant to the appraisal required in section 6B.45
or less than the value determined under the acquiring agency's waiver
procedure established pursuant to subsection 2. A purchase offer
made by an acquiring agency shall include provisions for payment to
the owner of expenses, including relocation expenses, expenses listed
in subsection 10, and other expenses required by law to be paid by an
acquiring agency to a condemnee. However, in the alternative, the
acquiring agency may make, and the owner may accept, a purchase offer
from the acquiring agency that is an amount equal to one hundred
thirty percent of the appraisal amount plus payment to the owner of
expenses listed in subsection 10, once those expenses have been
determined. If the owner accepts such a purchase offer, the owner is
barred from claiming payment from the acquiring agency for any other
expenses allowed by law. In the case of 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, the amount shall not be less than the
amount indicated by the methods and factors used in arriving at an
offered price for a voluntary easement. The option to make an
alternative purchase offer does not apply when property is being
acquired for street and highway projects undertaken by the state, a
county, or a city.
4. The construction or development of a public improvement shall
be so scheduled that, to the greatest extent practicable, no person
lawfully occupying real property shall be required to move from a
dwelling or to move the person's business or farm operation without
at least ninety days' written notice of the date by which the move is
required.
5. If after damages have been finally determined and paid, an
owner or tenant is permitted to occupy the real property acquired on
a rental basis for a short term or for a period subject to
termination on short notice, the amount of rent required shall not
exceed the fair rental value of the property to a short-term
occupier.
6. In no event shall the time of condemnation be advanced, or
negotiations or condemnation and the deposit of funds in court for
the use of the owner be deferred, or any other coercive action be
taken to compel an agreement on the price to be paid for the
property.
7. If an interest in real property is to be acquired by exercise
of the power of eminent domain, formal condemnation proceedings shall
be instituted. The acquiring agency shall not intentionally make it
necessary for an owner to institute legal proceedings to prove the
fact of the taking of the owner's real property.
8. If the acquisition of only a portion of property would leave
the owner with an uneconomical remnant, the acquiring agency shall
offer to acquire that remnant. For the purposes of this chapter, an
"uneconomical remnant" is a parcel of real property in which the
owner is left with an interest after the partial acquisition of the
owner's property, where the acquiring agency determines that the
parcel has little or no value or utility to the owner.
9. A person whose real property is being acquired in accordance
with this chapter, after the person has been fully informed of the
person's right to receive just compensation for the property, may
donate the property, any part of the property, any interest in the
property, or any compensation paid for it as the person may
determine.
10. a. As soon as practicable after the date of payment of
the purchase price or the date of deposit in court of funds to
satisfy the award of compensation in a condemnation proceeding to
acquire real property, whichever is earlier, the acquiring agency
shall reimburse the owner, to the extent the acquiring agency deems
fair and reasonable, for expenses the owner necessarily incurred for
all of the following:
(1) Recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the acquiring agency.
(2) Penalty costs for full or partial prepayment of any
preexisting recorded mortgage entered into in good faith encumbering
the real property.
b. Payments and expenditures under this subsection are
incident to and arise out of the program or project for which the
acquisition activity takes place. Such payments and expenditures may
be made from the funds made available for the program or project.
c. A person aggrieved by a determination as to the
eligibility for or amount of a reimbursement may apply to have the
matter reviewed by the acquiring agency or in accordance with section
316.9 if applicable.
11. An owner shall not be required to surrender possession of
real property before the acquiring agency concerned pays the agreed
purchase price.
12. After damages have been finally determined and paid, the
acquiring agency may offer, and the owner may accept, an amount equal
to thirty percent of the amount of damages plus payment to the owner
of expenses listed in subsection 10, once those expenses have been
determined. If the owner accepts such an offer, the owner is barred
from claiming payment from the acquiring agency for any other
expenses allowed by law. This subsection does not apply when
property is being acquired for street and highway projects undertaken
by the state, a county, or a city.
2006 amendment to subsection 3 takes effect January 1, 2007; 2006
amendments to balance of this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 on or
after that date; subsection 12 applies to applications that are
pending on July 14, 2006, if the appraisement report required under
§6B.14 has not been filed with the sheriff; 2006 Acts, 1st Ex, ch
1001, §49
