6B.56 - DISPOSITION OF CONDEMNED PROPERTY.
6B.56 DISPOSITION OF CONDEMNED PROPERTY.
1. If real property condemned pursuant to this chapter is not
used for the purpose stated in the application filed pursuant to
section 6B.3 and the acquiring agency seeks to dispose of the real
property, the acquiring agency shall first offer the property for
sale to the prior owner of the condemned property as provided in this
section. If real property condemned pursuant to this chapter is used
for the purpose stated in the application filed pursuant to section
6B.3 and the acquiring agency seeks to dispose of the real property
by sale to a private person or entity within five years after
acquisition of the property, the acquiring agency shall first offer
the property for sale to the prior owner of the condemned property as
provided in this section. For purposes of this section, the prior
owner of the real property includes the successor in interest of the
real property.
2. a. Before the real property may be offered for sale to the
general public, the acquiring agency shall notify the prior owner of
the real property condemned in writing of the acquiring agency's
intent to dispose of the real property, of the current appraised
value of the real property, and of the prior owner's right to
purchase the real property within sixty days from the date the notice
is served at a price equal to the current appraised value of the real
property or the fair market value of the property at the time it was
acquired by the acquiring agency from the prior owner plus cleanup
costs incurred by the acquiring agency, whichever is less. However,
the current appraised value of the real property shall be the
purchase price to be paid by the previous owner if any other amount
would result in a loss of federal funding for projects funded in
whole or in part with federal funds. The notice sent by the
acquiring agency as provided in this subsection shall be filed with
the office of the recorder in the county in which the real property
is located.
b. For purposes of this subsection, "cleanup costs" means
costs incurred to abate a nuisance or a public nuisance as those
terms are defined in chapters 657 and 657A and costs incurred to
recycle and remediate land pursuant to chapter 455H.
3. If the prior owner elects to purchase the real property at the
price established in subsection 2, before the expiration of the
sixty-day period, the prior owner shall notify the acquiring agency
in writing of this intention and file a copy of this notice with the
office of the recorder in the county in which the real property is
located.
4. The provisions of this section do not apply to the sale of
unused right-of-way property as provided in chapter 306. Section History: Recent Form
97 Acts, ch 149, §1; 2006 Acts, 1st Ex, ch 1001, §20--22, 49; 2008
Acts, ch 1032, § 201
Referred to in § 6B.56A Footnotes
2006 amendments to subsections 1--3 take effect July 14, 2006;
2006 amendments to subsections 1 and 3 apply to applications for
condemnation filed pursuant to §6B.3 on or after that date; 2006
Acts, 1st Ex, ch 1001, §49