6B.56A - DISPOSITION OF CONDEMNED PROPERTY -- FIVE-YEAR TIME PERIOD.
6B.56A DISPOSITION OF CONDEMNED PROPERTY -- FIVE-YEAR
TIME PERIOD.
1. When five years have elapsed since property was condemned and
the property has not been used for the purpose stated in the
application filed pursuant to section 6B.3, and the acquiring agency
has not taken action to dispose of the property pursuant to section
6B.56, the acquiring agency shall, within sixty days, adopt a
resolution reaffirming the purpose for which the property will be
used or offering the property for sale to the prior owner at a price
as provided in section 6B.56. If the resolution adopted approves an
offer of sale to the prior owner, the offer shall be made in writing
and mailed by certified mail to the prior owner. The prior owner has
one hundred eighty days after the offer is mailed to purchase the
property from the acquiring agency.
2. If the acquiring agency has not adopted a resolution described
in subsection 1 within the sixty-day time period, the prior owner
may, in writing, petition the acquiring agency to offer the property
for sale to the prior owner at a price as provided in section 6B.56.
Within sixty days after receipt of such a petition, the acquiring
agency shall adopt a resolution described in subsection 1. If the
acquiring agency does not adopt such a resolution within sixty days
after receipt of the petition, the acquiring agency is deemed to have
offered the property for sale to the prior owner.
3. The acquiring agency shall give written notice to the owner of
the right to purchase the property under this section at the time
damages are paid to the owner.
4. This section does not apply to property acquired for street
and highway projects undertaken by the state, a county, or a city.
Section History: Recent Form
2006 Acts, 1st Ex, ch 1001, §23, 49 Footnotes
Section is effective July 14, 2006, and applies to applications
for condemnation filed pursuant to §6B.3 on or after that date; 2006
Acts, 1st Ex, ch 1001, §49