6B.55 BUILDINGS, STRUCTURES, AND IMPROVEMENTS --
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. If an interest in real property is acquired, the acquiring
agency shall acquire an equal interest in all buildings, structures,
or other improvements located upon the real property which are
required to be removed from the real property or which are determined
to be adversely affected by the use to which the real property will
be put.
2. For the purpose of determining the just compensation to be
paid for any building, structure, or other improvement required to be
acquired under this section, the building, structure, or other
improvement shall be deemed to be a part of the real property to be
acquired, notwithstanding the right or obligation of a tenant of the
lands, as against the owner of any other interest in the real
property, to remove the building, structure, or improvement at the
expiration of the tenant's term. The fair market value which the
building, structure, or improvement contributes to the fair market
value of the real property to be acquired, or the fair market value
of the building, structure, or improvement for removal from the real
property, whichever is the greater, shall be paid to the owner of the
building, structure, or improvement.
3. Payment for the building, structure, or improvement under this
section shall not result in duplication of any payments otherwise
authorized by state law. The payment shall not be made unless the
owner of the land involved disclaims all interest in the improvements
of the tenant. In consideration for any such payment, the tenant
shall assign, transfer, and release all the tenant's right, title,
and interest in and to the improvements. Nothing with regard to the
above-mentioned acquisition of buildings, structures, or other
improvements shall be construed to deprive the tenant of any rights
to reject payment and to obtain payment for the property interests in
accordance with other laws of this state.
2006 amendment to unnumbered paragraph 1 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
6B.55 BUILDINGS, STRUCTURES, AND IMPROVEMENTS --
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. If an interest in real property is acquired, the acquiring
agency shall acquire an equal interest in all buildings, structures,
or other improvements located upon the real property which are
required to be removed from the real property or which are determined
to be adversely affected by the use to which the real property will
be put.
2. For the purpose of determining the just compensation to be
paid for any building, structure, or other improvement required to be
acquired under this section, the building, structure, or other
improvement shall be deemed to be a part of the real property to be
acquired, notwithstanding the right or obligation of a tenant of the
lands, as against the owner of any other interest in the real
property, to remove the building, structure, or improvement at the
expiration of the tenant's term. The fair market value which the
building, structure, or improvement contributes to the fair market
value of the real property to be acquired, or the fair market value
of the building, structure, or improvement for removal from the real
property, whichever is the greater, shall be paid to the owner of the
building, structure, or improvement.
3. Payment for the building, structure, or improvement under this
section shall not result in duplication of any payments otherwise
authorized by state law. The payment shall not be made unless the
owner of the land involved disclaims all interest in the improvements
of the tenant. In consideration for any such payment, the tenant
shall assign, transfer, and release all the tenant's right, title,
and interest in and to the improvements. Nothing with regard to the
above-mentioned acquisition of buildings, structures, or other
improvements shall be construed to deprive the tenant of any rights
to reject payment and to obtain payment for the property interests in
accordance with other laws of this state.
2006 amendment to unnumbered paragraph 1 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
6B.55 BUILDINGS, STRUCTURES, AND IMPROVEMENTS --
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. If an interest in real property is acquired, the acquiring
agency shall acquire an equal interest in all buildings, structures,
or other improvements located upon the real property which are
required to be removed from the real property or which are determined
to be adversely affected by the use to which the real property will
be put.
2. For the purpose of determining the just compensation to be
paid for any building, structure, or other improvement required to be
acquired under this section, the building, structure, or other
improvement shall be deemed to be a part of the real property to be
acquired, notwithstanding the right or obligation of a tenant of the
lands, as against the owner of any other interest in the real
property, to remove the building, structure, or improvement at the
expiration of the tenant's term. The fair market value which the
building, structure, or improvement contributes to the fair market
value of the real property to be acquired, or the fair market value
of the building, structure, or improvement for removal from the real
property, whichever is the greater, shall be paid to the owner of the
building, structure, or improvement.
3. Payment for the building, structure, or improvement under this
section shall not result in duplication of any payments otherwise
authorized by state law. The payment shall not be made unless the
owner of the land involved disclaims all interest in the improvements
of the tenant. In consideration for any such payment, the tenant
shall assign, transfer, and release all the tenant's right, title,
and interest in and to the improvements. Nothing with regard to the
above-mentioned acquisition of buildings, structures, or other
improvements shall be construed to deprive the tenant of any rights
to reject payment and to obtain payment for the property interests in
accordance with other laws of this state.
2006 amendment to unnumbered paragraph 1 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
