Iowa Code

Iowa Code § 6B.2B (2026)

Acquisition negotiation

✓ current as of July 2026
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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. 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

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Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2025 · leading case: Serv. Employees Int'l Union, Local 199 v. State of Iowa, Iowa Bd. of Regents, 928 N.W.2d 69 (Iowa 2019).
Serv. Employees Int'l Union, Local 199 v. State of Iowa, Iowa Bd. of Regents, 928 N.W.2d 69 (Iowa 2019). · cites it 4× “, Iowa Code §§ 6B.2B, .54 (2017) (requiring agency to make a good faith effort to negotiate before condemning property by eminent domain); id.”
Ruth E. Rarick Trust v. City of Tiffin, Iowa (Iowa Ct. App. 2021). · cites it 13× “Then, “before filing an application for condemnation or otherwise proceeding with the condemnation process,” section 6B.2B requires the acquiring agency to “make a good faith effort to negotiate with the owner to purchase the private property or property interest.”
William Couser v. Shelby Cnty. (8th Cir. 2025). “Iowa Code § 6B.2B (an individual acting with agency approval must “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”); §…”
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