306.17 - APPEAL.
306.17 APPEAL. Notwithstanding the terms of the Iowa administrative procedureAct, chapter 17A, any claimant for damages may, by serving, withintwenty days after the order has been issued, a written notice uponthe agency which instituted and conducted the proceedings, appeal asto the amount of damages, to the district court of the county inwhich the land is located, in the manner and form prescribed inchapter 6B with reference to appeals from condemnation, and theproceedings shall thereafter conform to the applicable provisions ofthat chapter. If, in the opinion of the agency, the damages asfinally determined on appeal are excessive, the agency may rescindits order vacating and closing the road, part thereof, or crossing,and the right-of-way shall remain under the jurisdiction of theagency. If the order is rescinded at any time after an appeal istaken, the agency shall pay reasonable attorney fees incurred by theclaimant as taxed by the court.
Section History: Early Form [R60, § 873; C73, § 959; C97, § 1513; C24, 27, § 4597; C31, 35, §4597, 4755-d8; C39, § 4597, 4755.43; C46, 50, § 306.38, 313.52;C54, 58, 62, 66, § 306.11; C71, 73, 75, 77, 79, 81, § 306.17]
Section History: Recent Form 2003 Acts, ch 44, §114 Referred to in § 306.16, 306A.6