523.265. Alternative locations for condemnation, procedure.
Alternative locations for condemnation, procedure.
523.265. With regard to property interests acquired by condemnationor negotiations in lieu of the exercise thereof, within thirty days ofreceiving a written notice sent under section 523.250, the landowner maypropose to the condemning authority in writing an alternative location forthe property to be condemned, which alternative location shall be on thesame parcel of the landowner's property as the property the condemningauthority seeks to condemn. The proposal shall describe the alternativelocation in such detail that the alternative location is clearly definedfor the condemning authority. The condemning authority shall consider allsuch alternative locations. This section shall not apply to takings of anentire parcel of land. A written statement by the condemning authority tothe landowner that it has considered all such alternative locations, andbriefly stating why they were rejected or accepted, is conclusive evidencethat sufficient consideration was given to the alternative locations.
(L. 2006 H.B. 1944)