6B.33 - COSTS AND ATTORNEY FEES. - Iowa Statutes

6B.33 COSTS AND ATTORNEY FEES. 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 hundred ten percent of the final offer of the applicant prior to condemnation. The condemnee shall submit an application for fees and costs prior to adjournment of the final meeting of the compensation commission held on the matter. The acquiring agency shall file with the sheriff an affidavit setting forth the most recent offer made to the person whose property is sought to be condemned. Members of such commissions shall receive a per diem of two hundred dollars and actual and necessary expenses incurred in the performance of their official duties. The acquiring agency shall reimburse the county sheriff for the per diem and expense amounts paid by the sheriff to the members. The acquiring agency shall reimburse the owner for the expenses the owner incurred for recording fees, penalty costs for full or partial prepayment of any preexisting recorded mortgage entered into in good faith encumbering the property, and for similar expenses incidental to conveying the property to the acquiring agency. The acquiring agency shall also pay all costs occasioned by the appeal, including reasonable attorney fees and the reasonable cost incurred by the property owner for one appraisal to be taxed by the court, unless on the trial thereof the same or a lesser amount of damages is awarded than was allowed by the tribunal from which the appeal was taken.          Section History: Early Form [R60, § 1317; C73, § 1252; C97, § 2007; C24, 27, 31, 35, 39, § 7852; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 472.33]          Section History: Recent Form C93, § 6B.33 99 Acts, ch 171, §15, 42; 2000 Acts, ch 1179, §19, 30; 2002 Acts, ch 1063, §5; 2006 Acts, 1st Ex, ch 1001, §15, 49 Referred to in § 461A.75          Footnotes 2006 amendments to this section take effect July 14, 2006, and apply to applications for condemnation filed pursuant to §6B.3 and pending on that date if the appraisement report required under §6B.14 has not been filed with the sheriff; 2006 Acts, 1st Ex, ch 1001, §49