6B.2B - ACQUISITION NEGOTIATION.
6B.2B ACQUISITION NEGOTIATION.
The acquiring agency shall make a good faith effort to negotiate
with the owner to purchase the private property or property interest
before filing an application for condemnation or otherwise proceeding
with the condemnation process. An acquiring agency shall not make an
offer to purchase the property or property interest that is less than
the fair market value the acquiring agency has established for the
property or property interest pursuant to the appraisal required in
section 6B.45 or less than the value determined under the acquiring
agency's waiver procedure established pursuant to section 6B.54,
subsection 2, for acquisition of property with a low fair market
value. A purchase offer made by an acquiring agency shall include
provisions for payment to the owner of expenses, including relocation
expenses, expenses listed in section 6B.54, subsection 10, and other
expenses required by law to be paid by an acquiring agency to a
condemnee. However, in the alternative, the acquiring agency may
make, and the owner may accept, a purchase offer from the acquiring
agency that is an amount equal to one hundred thirty percent of the
appraisal amount plus payment to the owner of expenses listed in
section 6B.54, subsection 10, once those expenses have been
determined. If the owner accepts such a purchase offer, the owner is
barred from claiming payment from the acquiring agency for any other
expenses allowed by law. An acquiring agency need not make an offer
in excess of the amounts described in this section in order to
satisfy the requirement to negotiate in good faith. The option to
make an alternative purchase offer does not apply when property is
being acquired for street and highway projects undertaken by the
state, a county, or a city. Section History: Recent Form
99 Acts, ch 171, §3, 42; 2000 Acts, ch 1179, §5, 6, 30; 2006 Acts,
1st Ex, ch 1001, §6, 49
Referred to in § 6B.54 Footnotes
2006 amendments to this section are effective January 1, 2007;
2006 Acts, 1st Ex, ch 1001, §49