Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

1. Except as otherwise provided, for purposes of this chapter and chapter 6B : a. “Aboveground merchant line” means “merchant line” as defined in section 478.6A, subsection 1 , excluding those merchant lines that are underground. b. (1) “Agricultural land” means real property own…

1. In addition to the limitations in section 6A.21 , the authority of an acquiring agency to condemn any private property through eminent domain may only be exercised for a public purpose, public use, or public improvement. However, if the owner of the property consents to the co…

1. An owner of property described in an application for condemnation may bring an action challenging the exercise of eminent domain authority or the condemnation proceedings. Such action shall be commenced within thirty days after service of notice of assessment pursuant to secti…

When land or any easement therein is condemned by the state for the use and benefit of the United States, the governor, after the land has been finally acquired, shall have power to convey, to the United States, the easement or lands so acquired and all rights of the state therei…

The right to take private property for public use is hereby conferred: 1. Counties. Upon all counties for public purposes which are reasonable and necessary as an incident to the powers and duties conferred upon counties. 2. Owners of land without a way to the land. Upon the owne…

Whenever the power to condemn private property for a public use is granted to any officer, board, commission, or other official, or to any county, township, or municipality, such grant shall, unless otherwise declared, be construed as granting authority to the officer, board, or …

A railway corporation may acquire by condemnation property as necessary for the location, construction, and convenient use of a railway. The acquisition shall carry the right to use for the construction and repair of the railway and its appurtenances any earth, gravel, stone, tim…

No lands actually platted, used, and devoted to cemetery purposes shall be taken for any railway purpose without the consent of the proper officers or owners thereof. [S13, §1995; C24, 27, 31, 35, 39, § 7809; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §471.7 ] C93, §6A.7

Land taken for railway right-of-way, otherwise than by consent of the owner, shall not exceed one hundred feet in width unless greater width is necessary for excavation, embankment, or depositing waste earth. [R60, §1314; C73, §1241; C97, §1995; S13, §1995; C24, 27, 31, 35, 39, §…

The department of transportation or a railway corporation may, by condemnation or otherwise, acquire lands for the following additional purposes: 1. For necessary additional depot grounds or yards. 2. For constructing a track or tracks to any mine, quarry, gravel pit, manufacturi…

1. As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2. For purposes of this c…

Notices, immediately after the service thereof, shall, with proper return of service endorsed thereon or attached thereto, be filed with the sheriff. The sheriff shall at once cause the commissioners to be notified of the day and hour when they will be required to proceed with th…

1. The commissioners shall, at the time fixed in the notices required under section 6B.8 , view the land sought to be condemned and assess the damages which the owner will sustain by reason of the appropriation. The commission shall file its written report, signed by all commissi…

In all cases where any interest in lands sought to be condemned is owned by a person who is under legal disability and has no guardian of the person’s property, the applicant shall, prior to the filing of the application with the sheriff, apply to the district court for the appoi…

If the owner of any lands is under guardianship, such guardian may, under the direction of the district court, or judge thereof, agree and settle with the applicant for all damages resulting from the taking of such lands, and give valid conveyances thereof. [R60, §1316; C73, §124…

The appraisement of damages returned by the commissioners shall be final unless appealed from. [C24, 27, 31, 35, 39, § 7838; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.17 ] C93, §6B.17

1. After the appraisement of damages has been delivered to the sheriff by the compensation commission, the sheriff shall give written notice, by ordinary mail, to the condemner and the condemnee of the date on which the appraisement of damages was made, the amount of the appraise…

The procedure for the condemnation of private property for works of internal improvement, and for other public projects, uses, or purposes, unless and except as otherwise provided by law, shall be in accordance with the provisions of this chapter . This chapter shall not apply to…

1. Such proceedings shall be conducted: a. By the attorney general when the damages are payable from the state treasury. b. By the county attorney, when the damages are payable from funds disbursed by the county or by any township. c. By the city attorney, when the damages are pa…

The appeal shall be docketed in the name of the person appealing and all other interested parties to the action shall be defendants. In the event the condemner and the condemnee appeal, the appeal shall be docketed in the name of the appellant which filed the application for cond…

A written petition shall be filed by the plaintiff within thirty days after perfection of the appeal, stating specifically the items of damage and the amount thereof. The court may for good cause shown grant additional time for the filing of the petition. The defendant shall file…

On the trial of the appeal, no judgment shall be rendered except for costs and allocation of interest earned pursuant to section 6B.25 , but the amount of damages shall be ascertained and entered of record. [C73, §1257; C97, §2011; C24, 27, 31, 35, 39, § 7842; C46, 50, 54, 58, 62…

If the amount of damages awarded by the commissioners is decreased on appeal, the reduced amount shall be paid to the landowner. If the amount of damages awarded by the commissioners is increased on appeal, interest shall be paid from the date of the condemnation. Interest shall …

1. a. Upon the filing of the commissioners’ report with the sheriff, the applicant may deposit with the sheriff the amount assessed in favor of a claimant, and the applicant, except as otherwise provided, may take possession of the land condemned and proceed with the improvement.…

1. A landowner shall not be dispossessed under condemnation proceedings of the landowner’s residence, dwelling house, outbuildings if the residence or dwelling house is also acquired, orchard, or garden, until the damages thereto have been finally determined and paid. However, if…

1. An acquiring agency shall provide written notice of a public hearing to each owner and any contract purchaser of record of agricultural land that may be the subject of condemnation. The authority under this chapter is not conferred and condemnation proceedings shall not begin …

The acquiring agency shall make a good faith effort to negotiate with the owner to purchase the private property or property interest before filing an application for condemnation or otherwise proceeding with the condemnation process. An acquiring agency shall not make an offer t…

The authority to condemn is not conferred, and the condemnation proceedings shall not commence, unless the governing body for the acquiring agency approves a preliminary or final route or site location of the proposed public improvement, approves the use of condemnation, and find…

1. The acquiring agency shall send notice of a proposed resolution, motion, or other document authorizing acquisition of property by eminent domain to each property owner whose property is proposed to be acquired by eminent domain, to any contract purchaser of record of the prope…

1. The proceedings shall be instituted by a written application filed with the chief judge of the judicial district of the county in which the land sought to be condemned is located. The application shall set forth: a. A description of all the property in the county affected or s…

If, on the trial of the appeal, the damages awarded by the commissioners are increased, the condemner shall, if the condemner is already in possession of the property, make such additional deposit with the sheriff, as will, with the deposit already made, equal the entire damages …

When damages, by reason of condemnation, are payable from public funds, the sheriff, or clerk of the district court, as the case may be, shall certify to the officer, board, or commission having power to audit claims for the purchase price of said lands, the amount legally payabl…

The sheriff, upon being furnished with a copy of the assessment as determined on appeal, certified to by the clerk of the district court, may remove from said premises the condemner and all persons acting for or under the condemner, unless the amount of the assessment is forthwit…

The acquiring agency shall pay all costs of the assessment made by the commissioners and reasonable attorney fees and costs, including the reasonable cost of one appraisal, incurred by the condemnee as determined by the commissioners if the award of the commissioners exceeds one …

Should the applicant decline, at any time after an appeal is taken as provided in section 6B.18 , to take the property and pay the damages awarded, the applicant shall pay, in addition to the costs and damages actually suffered by the landowner, reasonable attorney fees to be tax…

Thirty days after the date of mailing the notice of appraisement of damages, the sheriff shall file with the county recorder of the county in which the condemned land is situated, the following papers: 1. A certified copy of the application for condemnation. 2. All notices, toget…

The clerk of the district court, in case an appeal is taken in condemnation proceedings, shall file with the county recorder: 1. A copy of the final judgment entry of the court showing the amount of damages determined on appeal. 2. A written statement by the clerk of all money re…

The papers described in sections 6B.35 and 6B.36 shall be securely fastened together, arranged in the order named in those sections, and be accompanied by a certificate of the officer filing the papers that the papers are true and correct copies of the original files in the proce…

1. The county recorder shall record the papers, statements, and certificate in the record of deeds and properly index them. The recorder may return the recorded instrument to the sender or dispose of that instrument if the sender does not wish to have the instrument returned. A d…

An owner of property described in an application for condemnation may bring an action to challenge the exercise of eminent domain authority or the condemnation proceedings in the district court of the county in which the private property is situated as provided in section 6A.24 .…

1. 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 appoint…

Any sheriff, or clerk of the district court, as the case may be, who fails to present the required papers, statements, and certificate for record, and any recorder who fails to record the same as provided in section 6B.38 shall be liable for all damages caused by such failure. [C…

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.…

When real property or an interest therein is purchased or condemned for highway purposes and a fence or building is located on such property, the governmental agency shall be responsible for all costs incurred by the property owner in replacing or moving the fence or moving the b…

1. When any real property or interest in real property is to be purchased, or in lieu thereof to be condemned, the acquiring agency or its agent shall submit to the person, corporation, or entity whose property or interest in the property is to be taken, by ordinary mail, at leas…

1. When any city has voted at an election to purchase, establish, erect, maintain and operate heating plants, waterworks, gasworks or electric light or power plants, or when it has voted to contract an indebtedness and issue bonds for such purposes, and in such city there exists …