Iowa Code section
6B.2A(1) mandates that an acquiring agency provide a
statement of rights to owners of record who may have all or a part of their
property acquired by condemnation. It also directs the attorney general to
adopt rules prescribing a statement of rights which an acquiring agency may use
to meet its obligation. Pursuant to that directive, the following statement of
property owner's rights is adopted:
STATEMENT OF PROPERTY OWNER'S RIGHTS
Just as the law grants certain entities the right to acquire
private property, you as the owner of the property have certain rights. You
have the right to:
1. Receive just
compensation for the taking of property. (Iowa Constitution, Article I, section
18)
2. An offer to purchase which
may not be less than the lowest appraisal of the fair market value of the
property. (Iowa Code section
6B.54(3))
3. Receive a copy of the
appraisal, if an appraisal is required, upon which the acquiring agency's
determination of just compensation is based not less than ten days before being
contacted by the acquiring agency's acquisition agent. (Iowa Code section
6B.45)
4. An opportunity to accompany at
least one appraiser of the acquiring agency who appraises your property when an
appraisal is required. (Iowa Code section
6B.54(2))
5. Participate in good-faith
negotiations with the acquiring agency before the acquiring agency begins
condemnation proceedings. (Iowa Code section
6B.2B)
6. Retain legal counsel of your
choosing at your expense for the purpose of bringing a court action to
challenge the exercise of eminent domain authority or the condemnation
proceedings in accordance with the provisions of law. (Iowa Code section
6B.3A; Iowa
Code section
6A.24)
7. A determination of just
compensation by an impartial compensation commission and the right to appeal
its award to the district court if you cannot agree on a purchase price with
the acquiring agency. (Iowa Code section
6B.4;
Iowa Code section
6B.7;
Iowa Code section
6B.18)
8. Payment of the agreed upon
purchase price or, if condemned, a deposit of the compensation commission award
before you are required to surrender possession of the property. (Iowa Code
section
6B.25;
Iowa Code section
6B.26;
Iowa Code section
6B.54(11))
9. Reimbursement for expenses
incidental to transferring title to the acquiring agency. (Iowa Code section
6B.33;
Iowa Code section
6B.54(10))
10. Reimbursement of certain
litigation expenses:
(a) if the award of the
compensation commissioners exceeds 110 percent of the acquiring agency's final
offer before condemnation; and
(b)
if the award on appeal in court is more than the compensation commissioners'
award. (Iowa Code section
6B.33)
11. To the greatest
extent practicable, be provided at least 90 days' written notice to vacate
occupied property prior to construction or development of a public improvement.
(Iowa Code section
6B.54(4))
12. Relocation services and
payments, if you are eligible to receive them, and the right to appeal your
eligibility for and amount of the payments. (Iowa Code section
316.9; Iowa Code section
6B.42)
The rights set out in this statement are not claimed to be a
full and complete list or explanation of an owner's rights under the law. They
are derived from Iowa Code chapters 6A, 6B and 316. For a more thorough
presentation of an owner's rights, you should refer directly to the Iowa Code
or contact an attorney of your choice.
