6B.25 - RIGHT TO TAKE POSSESSION OF LANDS -- TITLE -- DAMAGES AWARD.
6B.25 RIGHT TO TAKE POSSESSION OF LANDS -- TITLE --
DAMAGES AWARD.
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. An appeal from the assessment does not affect the
right, except as otherwise provided. Prior to expiration of the time
provided for appeal, the property owner may apply to the district
court for release of that part of the damages deposited which the
court finds proper. If there is not an appeal by any party, the
property owner shall be entitled to the whole of the damages awarded.
Upon appeal from the commissioners' award of damages, the district
court may direct that the part of the amount of damages deposited
with the sheriff, as it finds just and proper, be paid to the
claimant. If upon trial of the appeal a lesser amount is awarded,
the difference between the amount so awarded and the amount paid
shall be repaid by the person to whom it was paid and upon failure to
make the repayment the party shall have judgment entered against the
person who received the excess payment. Title to the property or the
interests in property passes to the applicant when damages have been
finally determined and paid.
If an award of damages is appealed to district court, the amount
deposited with the sheriff, if any, less the amount paid by the
sheriff to the claimant, shall be transferred to the clerk of
district court where the appeal was filed and the clerk shall deposit
the money in an interest-bearing account. The district court in its
judgment rendered pursuant to section 6B.23 shall award the interest
earned on the account in proportion to the amount of damages
ascertained and entered of record. Section History: Early Form
[R60, § 1317; C73, § 1244, 1255, 1256, 1272; C97, § 1999, 2010,
2025, 2029; S13, § 2024-e, -g, -h; C24, 27, 31, 35, 39, § 7844,
7847, 7848; C46, 50, 54, 58, § 472.25, 472.28, 472.29; C62, 66, 71,
73, 75, 77, 79, 81, § 472.25] Section History: Recent Form
84 Acts, ch 1065, § 4
C93, § 6B.25
2000 Acts, ch 1179, §18, 30; 2004 Acts, ch 1121, §2
Referred to in § 6B.23, 6B.60, 306B.4, 306C.17