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HomeMy WebLinkAboutA016 - Statement of the Rights and Basic Protections of Property Owners STATEMENT OF THE RIGHTS AND BASIC PROTECTIONS OF INDIVIDUAL PROPERTY OWNERS 08/09/06 1. Just Compensation—The property owner has the right to receive just compensation for the property. Article 1,Section 18 of the Iowa Constitution. 2. Description of Land Furnished—When a fee simple interest is acquired the Acquiring Agency shall provide a legal description of the part taken and a legal description of the remainder compatible with the property owners existing abstract description of the entire tract. A centerline description is compatible only when it contains reference points which are part of and tied to the abstract description. §6A.20,Code of Iowa. 3. Opportunity to Accompany the Appraiser—Except where the property or rights in property to be acquired are minor or they have a low market value,the Acquiring Agency will appraise the property. The property owner will be given the opportunity to accompany the appraiser to inspect the property. §6B.45 and§6B.54(2),Code of Iowa. 4. Appraisal—The appraisal shall as a minimum include 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. §613.45 and§6B.54(2),Code oflowa. 5. Compensation Estimate—Where the property or rights in property to be acquired are minor or they have a low market value,the Acquiring Agency may waive the appraisal and in lieu of an appraisal may estimate compensation required to pay for the acquisition and for any damages caused by the construction of the project. §6B.54(2),Code of Iowa. 6. Notice of Methods and Factors used by Utility to Determine Offer—The methods and factors used by a utility in arriving at the offered price in lieu of an appraisal must be provided by certified mail to the owner of record 30 days prior to negotiations and this must include the range of cash amount of each component. §613.45 and§613.54(3),Code oflowa. 7. Offer to Acquire—Before initiating negotiations for purchase of the property,the Acquiring Agency will establish and promptly offer to pay the full amount which it believes to be just compensation for the property. When an appraisal is required,this amount cannot be less than the fair market value the Acquiring Agency has established for the property or property interests to be acquired,or in the case of utility,not less than the amount indicated by the methods and factors used in arriving at the offered price for a voluntary easement. §613.213 and§613.54(1),(2) and(3),Code oflowa. 8. Mailing Appraisal—When an appraisal is required,the appraisal upon which the Acquiring Agency relies to establish just compensation for the property shall be mailed in its entirety to the property owner not less than ten days prior to the date of the first contact with the property owner to commence negotiations,unless a written waiver of the right to receive the notice authorizing the immediate commencement of negotiations is obtained from the landowner. §613.45,Code oflowa. 9. Uneconomical Remnants—If the Acquiring Agency determines that the acquisition of only a portion of the property would leave the property owner with an uneconomical remnant or land that the Acquiring Agency determines to have little or no value or utility to the owner,the Acquiring Agency shall offer to acquire the remnant and may acquire the remnant by condemnation. §6B.54(8)and§613.3(g),Code oflowa. 10. Donations—After being fully informed of the right to receive just compensation and,where an appraisal is required,the right to have the property appraised,the person whose real property is being acquired may donate the property or any part or interest in the property or any compensation paid for it. §6B.54(9),Code of Iowa. 11. Moving Buildings—The property owner may move buildings onto remaining property,either at the expense of the Acquiring Agency or the Acquiring Agency may move the building. The cost to move buildings is not an additional element of damages which would permit unjust enrichment or a duplication of payments. §613.44,Code of Iowa. 12. Moving or Replacement of Fence—The property owner may move or replace an agricultural fence onto remaining property either at the expense of the Acquiring Agency or the Acquiring Agency may move or replace the fence. The cost to move or relocate a fence is not an additional element of damages which would permit unjust enrichment or a duplication of payments. §613.44,Code of Iowa. 13. Good Faith Negotiations—The Acquiring Agency will make a good faith effort to negotiate the purchase of private property before filing an application for condemnation,or otherwise proceeding with the condemnation process. You will receive an explanation of the offer and be provided a reasonable opportunity to consider the offer and to suggest modifications in the proposed terms and conditions of the purchase. A change in the offer will be made if information you provide or information is otherwise obtained in the negotiations indicating a need to do so. §6B.2A(1)(f),§613.213,§6B.3(1)and§613.54(1)&(6),Code oflowa. 14. Negotiations with Owner,Tenant,or their Attorney or Attorney in Fact—The Acquiring Agency will make a diligent effort to personally contact and will communicate directly with property owners and their tenants or with their attorney or other representative to explain the project, the acquisition process,the offer to purchase,and relocation assistance benefits and payments. §613.213,§613.54(1)&(6),Code of Iowa. Owners and tenants have the right to be represented by legal counsel or other representative,but solely at their expense. 761 IAC 111.6(4)of the Iowa Administrative Code. 15. Relocation Assistance—In the event of the acquisition of a residential dwelling,business premises,farming operation,nonprofit organization or outdoor advertising display,the owner or other person occupying the property is entitled to receive relocation assistance. §613.42(1)&(2) and§316.1(5)(a)(3)&(b)(3),Code oflowa. ➢ They are entitled to relocation assistance and/or relocation benefits and payments for which they are determined to be eligible. ➢ Determination on eligibility for a benefit or payment,or its amount,is appealable to the Acquiring Agency. 16. Rental Charges Prohibited—Rent shall not be charged to a person in possession of the property until all or a portion of a compensation award has been paid to the condemnee pursuant to Sections 613.25,6B.54(5),and 613.60,Code of Iowa. R 17. Payment Assured—No one will be required to surrender possession until the Acquiring Agency pays the agreed purchase price or has deposited the condemnation award with the Sheriff. §613.54(11),Code oflowa. At the time damages are paid the Acquiring Agency shall also give written notice to the property owner of the right to purchase property not used for 5 years for the purpose for which it was acquired. §6B.56A(3),Code oflowa. 18. 90-Day Notice—No one will be required to move from a dwelling or move the business or farm operation without 90 days written notice of the date by which the move is required. §6B.54(4),Code oflowa. 19. Reimbursement of Transfer Cost—As soon as practicable after the Acquiring Agency's payment of the purchase price,or after the Acquiring Agency's deposit of the condemnation award,the Acquiring Agency will reimburse the property owner for the recording fees,transfer taxes, and similar incidental expenses to convey the property,and certain mortgage prepayment penalties. §6B.54(10),Code oflowa. 20. Limitation on Possession—The property owner will not be required to surrender possession of the property owner's residence,dwelling house, orchard,garden,or outbuilding if the residence or dwelling house is also acquired until the damages have been fully determined or paid. For this purpose,outbuildings means structures and improvements located in proximity to the property owner's residence. §613.26,Code of Iowa. 21, Impartial Condemnation Proceedings Provided—If the property is to be acquired by an exercise of the power of eminent domain,the Acquiring Agency shall comply with the following procedures. ➢ If necessary,the Acquiring Agency will commence formal condemnation proceedings and shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of a taking of the owner's real property. §6B.54(7),Code of Iowa. ➢ Any other appraisals made on the property as a result of the condemnation proceeding shall be made available to condemnees upon request. §6B.45,Code oflowa. ➢ A copy of application for condemnation will be either mailed by certified mail to the property owner,contract purchasers of record,tenants known to be occupying the property,and to record lienholders and encumbrancers or,in lieu of mailing,may be served in the manner provided by the Iowa rules of civil procedure for the personal service of original notice. §6B.3(2),Code of Iowa. ➢ The Acquiring Agency will mail a copy of the list of compensation commissioners to the property owner or,in lieu of mailing,the Acquiring Agency may cause the list to be served upon the owner of the property in the manner provided by the Iowa rules of civil procedure for the personal service of original notice. §613.4,Code of Iowa. ➢ The property owner may without cause challenge one of the compensation commissioners selected by the Chief Judge. §613.5,Code of Iowa. ➢ The owner of property described in the Application for Condemnation may challenge the exercise of eminent domain authority in the District Court. §6A.23 and§613.24,Code of Iowa. 22. Costs and Attorney Fees—In the event its property is condemned and property owner is awarded an amount by the compensation commission which exceeds by ten percent(10%)the Acquiring Agency's final offer to the property owner,the Acquiring Agency will pay the reasonable attorney fees and costs,including the reasonable cost of one appraisal,incurred by the property owner in the condemnation proceedings,as determined by the compensation commissioners. §613.33,Code oflowa. 23, District Court Appeal—In the event the property is condemned and property owner or tenant is dissatisfied with the award of the compensation commission,the property owner or tenant is entitled to appeal the commission's award to the District Court. §613.33,Code of Iowa. 24. Right to Renegotiate—The property owner will have five years from the date of settlement or condemnation to renegotiate construction or maintenance damages not apparent at the time of such settlement. §613.52,Code of Iowa. 25. Resale of Acquired Property—If the property owner's property is condemned but is not used for the purpose identified in the application for condemnation or if the property is used for the purpose stated in the application and the Acquiring Agency seeks to dispose of any part of the property by sale to a private person within 5 years after the acquisition of the property,the Acquiring Agency shall first offer the property for sale to the prior owner or the prior owner's successor in interest. §613.56(1),Code oflowa. ➢ The Acquiring Agency shall give the prior owner or successor in interest prior written notice of intent to sell the property or any part of the property not used for the purpose for which it was acquired and the 60-day right to purchase the property for its current appraised value or the fair market value of the property at the time it was acquired plus cleanup costs incurred by the Acquiring Agency,whichever is less. §6B.56(2),Code oflowa. ➢ When property is acquired by condemnation for other than street or highway projects and has not been used for the purpose for which it was acquired for 5 years,the Acquiring Agency shall within 60 days adopt a resolution reaffirming the purpose for which the property will be used or to dispose of the property and to offer the property for sale to the prior owner. §613.56A,Code of Iowa. ➢ The Acquiring Agency,having control over unused highway right of way,shall notify both the person who owned the land at the time it was acquired and the present owner of adjacent land from which the unused right of way was acquired either by purchase or condemnation of their right to be heard and to make offers to purchase the property within 60 days and,where their offer equals or exceeds any other offer and the fair-market value of the property,to be given preference to purchase the land. §306.23,Code of Iowa. ➢ If property is acquired by condemnation or by otherwise exercising the power of eminent domain by an Acquiring Agency(other than the Iowa DOT), and the property is later sold by the Acquiring Agency for more than the acquisition price paid to the property owner,the Acquiring Agency will pay the property owner from whom the property was acquired the difference between the price at which it was acquired and the price at which it was sold by the Acquiring Agency,less the cost of any improvements made to or benefiting the property by the Acquiring Agency. §613.59,Code of Iowa. 26. Notice of the Right of Prior Owner to Petition for Sale of Condemned Property at the Time Damages are Paid to the Owner—Where property acquired for non-street or highway projects has not been used for the purpose it was acquired for 5 years. §6B.56A(3),Code oflowa. 27. Limitations of Statement of Individual Rights—These individual rights are derived from Chapters 6A and 6B of the Iowa Code as revised by House File 2351 effective July 14,2006,and are intended to be a summary statement only. For a more detailed description of these rights,refer directly to Chapter 6A Eminent Domain Law,Chapter 6B Procedures Under Eminent Domain and Chapter 316 Relocation of Persons Displaced by Highway and the Iowa Administrative Rules implementing these code chapters. Copies of these laws and regulations can be obtained from the Acquiring Agency.