6B.18 - NOTICE OF APPRAISEMENT -- APPEAL OF AWARD -- NOTICE OF APPEAL.
6B.18 NOTICE OF APPRAISEMENT -- APPEAL OF AWARD --
NOTICE OF APPEAL.
1. After the appraisement of damages has been delivered to the
sheriff by the compensation commission, the sheriff shall give
written notice, by ordinary mail, to the condemner and the condemnee
of the date on which the appraisement of damages was made, the amount
of the appraisement, and that any interested party may, within thirty
days from the date of mailing the notice of the appraisement of
damages, appeal to the district court by filing notice of appeal with
the district court of the county in which the real estate is located
and by giving written notice to the sheriff that the appeal has been
taken. The sheriff shall endorse the date of mailing of notice upon
the original appraisement of damages.
2. An appeal of appraisement of damages is deemed to be perfected
upon filing of a notice of appeal with the district court within
thirty days from the date of mailing the notice of appraisement of
damages. The notice of appeal shall be served on the adverse party,
or the adverse party's agent or attorney, and any lienholder and
encumbrancer of the property in the same manner as an original notice
within thirty days from the date of filing the notice of appeal
unless, for good cause shown, the court grants more than thirty days.
If after reasonable diligence, the notice cannot be personally
served, the court may prescribe an alternative method of service
consistent with due process of law.
3. In case of condemnation proceedings instituted by the state
department of transportation, when the owner appeals from the
assessment made, such notice of appeal shall be served upon the
attorney general, or the department general counsel to the state
department of transportation, or the chief highway engineer for the
department.
4. When an appeal is taken, the sheriff shall at once file with
the clerk of the district court a certified copy of as much of the
assessment as applies to the part for which the appeal is taken. Section History: Early Form
[R60, § 1317; C73, § 1254; C97, § 2009; S13, § 2009; C24, 27, 31,
35, 39, § 7839; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 472.18] Section History: Recent Form
C93, § 6B.18
2002 Acts, ch 1063, §2; 2003 Acts, ch 44, §1; 2006 Acts, 1st Ex,
ch 1001, §47, 49
Referred to in § 6B.34, 476.27, 589.27