IOWA STATUTES AND CODES
6B.45 - MAILING COPY OF APPRAISAL.
6B.45 MAILING COPY OF APPRAISAL.
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 least ten days prior to the date upon which the acquiring
agency or its agent contacts the property owner to commence
negotiations, a copy of the appraisal in its entirety upon such real
property or interest in such real property prepared for the acquiring
agency or its agent, which shall include, at a minimum, an
itemization of the appraised value of the real property or interest
in the property, any buildings on the property, all other
improvements including fences, severance damages, and loss of access.
In determining fair market value of property, the acquiring agency
shall not consider only the assessed value assigned to such property
for purposes of property taxation. The appraisal sent to the
condemnee shall be that appraisal upon which the condemnor will rely
to establish an amount which the condemnor believes to be just
compensation for the real property. All other appraisals made on the
property as a result of the condemnation proceeding shall be made
available to the condemnee upon request. 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 prior to
negotiations, the methods and factors used in arriving at an offered
price for voluntary easements including the range of cash amount of
each component. An acquiring agency may obtain a signed written
waiver from the landowner to allow negotiations to commence prior to
the expiration of the applicable waiting period for the commencement
of negotiations.
Only the appraisal prepared under this section shall be forwarded
to the compensation commission by the acquiring agency. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 472.45] Section History: Recent Form
C93, § 6B.45
99 Acts, ch 171, §18, 42; 2000 Acts, ch 1179, §20, 30; 2006 Acts,
1st Ex, ch 1001, §17, 49
Referred to in § 6B.2B, 6B.54, 427.2 Footnotes
2006 amendments to this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 on or
after that date; 2006 Acts, 1st Ex, ch 1001, §49