6A.24 - JUDICIAL REVIEW OF EMINENT DOMAIN AUTHORITY.
6A.24 JUDICIAL REVIEW OF EMINENT DOMAIN AUTHORITY.
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 section 6B.8 by the filing of a petition in district
court. Service of the original notice upon the acquiring agency
shall be as required in the rules of civil procedure. In addition to
the owner of the property, a contract purchaser of record of the
property or a tenant occupying the property under a recorded lease
shall also have standing to bring such action.
2. An acquiring agency that proposes to acquire property by
eminent domain may file a petition in district court seeking a
determination and declaration that its finding of public use, public
purpose, or public improvement necessary to support the taking meets
the definition of those terms. The action shall be commenced by the
filing of a petition identifying all property owners whose property
is proposed to be acquired, any contract purchaser of record of the
property, and any tenant known to be occupying the property, and
including a description of the properties proposed to be acquired and
a statement of the public use, public purpose, or public improvement
supporting the acquisition of the property by eminent domain. The
original notice shall be served as required by the rules of civil
procedure on each property owner named in the petition and on any
contract purchaser of record of the property and on any tenant
occupying the property under a recorded lease. Such action may be
commenced by an acquiring agency at any time prior to the filing of
an application for condemnation pursuant to section 6B.3.
3. For any action brought under this section, the burden of proof
shall be on the acquiring agency to prove by a preponderance of the
evidence that the finding of public use, public purpose, or public
improvement meets the definition of those terms. If a property owner
or a contract purchaser of record or a tenant occupying the property
under a recorded lease prevails in an action brought under this
section, the acquiring agency shall be required to pay the costs,
including reasonable attorney fees, of the adverse party. Section History: Recent Form
2006 Acts, 1st Ex, ch 1001, §5, 49
Referred to in § 6B.3A
Manner of service, R.C.P. 1.302--1.315 Footnotes
Section is effective July 14, 2006, and applies to applications
for condemnation pending on that date if the appropriate parties have
not been served with a notice of assessment pursuant to § 6B.8; 2006
Acts, 1st Ex, ch 1001, § 49