Iowa Code » Chapter 6B — PROCEDURE UNDER EMINENT DOMAIN
Iowa Code

Iowa Code § 6B.3 (2026)

Application — recording — notice — time for appraisement — new proceedings

✓ Iowa Code 2026 (laws through the 2025 session)
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. The proceedings shall be instituted by a written application filed with the chief judge of the judicial district of the county in which the land sought to be condemned is located. The application shall set forth:

a. A description of all the property in the county affected or sought to be condemned, by its congressional numbers, in tracts not exceeding one-sixteenth of a section, or, if the land consists of lots, by the numbers of the lot and block, and plat designation.

b. A plat showing the location of the right-of-way or other property sought to be condemned with reference to such description.

c. The names of all record owners of the different tracts of land sought to be condemned, or otherwise affected by such proceedings, and of all record holders of liens and encumbrances on such lands; also the place of residence of all such persons so far as known to the applicant.

d. The purpose for which condemnation is sought.

e. A request for the appointment of a commission to appraise the damages.

f. If the damages are to be paid by the state and the land to be condemned is within an agricultural area as provided in chapter 352, a statement disclosing whether any of that land is classified as class I or class II land under the United States department of agriculture natural resources conservation service land capability classification system contained in the agriculture handbook number 210, 1961 edition and, if so classified, stating that the class I or class II land is reasonably necessary for the work of internal improvement for which condemnation is sought.

g. A showing of the minimum amount of land necessary to achieve the public purpose and the amount of land to be acquired by condemnation for the public improvement. Any land to be acquired by condemnation beyond the necessary minimum to complete the project shall be presumed not to be necessary for a public use or public purpose unless the applicant can show that a substantial need exists for the additional property to achieve the public use or public purpose, or that the land in question constitutes an uneconomical remnant that has little or no value or utility to the owner, or that the owner consents to the condemnation.

h. A statement indicating the efforts made by the applicant to negotiate in good faith with the owner to acquire the private property sought to be condemned.

2. a. The applicant shall mail a copy of the application by certified mail to the owner at the owner’s last known address, to any contract purchaser of record of the property, to any tenant known to be occupying the property, and to any record lienholder or encumbrancer of the property at the lienholder’s or encumbrancer’s last known address. The applicant shall also cause the application to be published once in a newspaper of general circulation in the county, not less than four nor more than twenty days before the meeting of the compensation commission to assess the damages. Service of the application by publication shall be deemed complete on the day of publication.

b. In lieu of mailing and publishing the application, the applicant may cause the application to be served upon the owner, contract purchaser of record, tenant known to be occupying the property, record lienholders, and record encumbrancers of the property in the manner provided by the Iowa rules of civil procedure for the personal service of original notice. The application shall be mailed and published or served, as above provided, prior to or contemporaneously with the mailing and publication or service of the list of compensation commissioners as provided in section 6B.4.

3. a. The applicant shall promptly certify that its application for condemnation has been approved by the chief judge and shall file the original approved application with the county recorder in the manner required under section 6B.37.

b. The county recorder shall file and index the application in the record of deeds and preserve the application as required by sections 6B.38 and 558.55. The filing and indexing constitute constructive notice to all parties that a proceeding to condemn the property \n Tue Dec 09 22:34:40 2025 Iowa Code 2026, Chapter 6B (41, 0) §6B.3, PROCEDURE UNDER EMINENT DOMAIN 6\n\nis pending and that the applicant has the right to acquire the property from all owners, lienholders, and encumbrancers whose interests are of record at the time of the filing. After filing and indexing, the county recorder shall file a copy of the application with the office of secretary of state.

c. When indexed, the proceeding is considered pending so as to charge all persons not having an interest in the property with notice of its pendency, and while pending no interest can be acquired by the third parties in the property against the rights of the applicant.

d. If the appraisement of damages by the commission pursuant to section 6B.14 is not made within one hundred twenty days of indexing, the proceedings instituted under this section are terminated and all rights and interests of the applicant arising out of the application for condemnation terminate. The applicant may reinstitute a new condemnation proceeding at any time. The reinstituted proceedings are entirely new proceedings and not a revival of the terminated proceeding. [R60, §1230; C73, §1247; C97, §2002; C24, 27, 31, 35, 39, §7824; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.3; 82 Acts, ch 1245, §19] 84 Acts, ch 1065, §1, 2 C93, §6B.3 95 Acts, ch 216, §25; 99 Acts, ch 171, §4, 42; 2000 Acts, ch 1179, §8, 9, 30; 2006 Acts, 1st Ex, ch 1001, §8 – 10, 49; 2008 Acts, ch 1032, §201 Referred to in §6A.22, 6A.24, 6B.56, 6B.56A, 335.27 Manner of service, R.C.P. 1.302 – 1.315 \n

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1998–2024 · leading case: Johnson Propane, Heating & Cooling, Inc. v. Iowa Dep't of Transp., 891 N.W.2d 220 (Iowa 2017).
Sort: Relevance Newest Treatment
Johnson Propane, Heating & Cooling, Inc. v. Iowa Dep't of Transp., 891 N.W.2d 220 (Iowa 2017). “Iowa Code § 6B.3(1). In making its application, the acquiring agency shall, at a minimum, satisfy the acquisition policies as set forth by the legislature.”
Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000). · cites it 2× “See Iowa Code § 6B.3. 2 The eon-demner under section 6A.”
Petersen v. Harrison Cnty. Bd. of Supervisors, 580 N.W.2d 790 (Iowa 1998). “See Iowa Code § 6B.3(6) (condemnation of certain classes of land within an agricultural area requires a statement of reasonable necessity for condemnation).”
Wild v. Allamakee Cnty., 666 N.W.2d 137 (Iowa 2003). “Iowa Code § 6B.3(l)(f) (emphasis added). We are convinced that the portion of the statutory language which we have itali *141 cized limits its application to eminent domain proceedings in which the damages are to be paid by the state.”
In re Condemnation of Land, 687 N.W.2d 103 (Iowa 2004). “Iowa Code 6B.3. Although the city views the issue as being whether the individual who serves as trustee of the family trust and revocable trust received notice of the condemnation proceeding, we are convinced that notice of the proceeding only brings before the tribunal those…”
In re Condemnation of Certain Rights, 666 N.W.2d 137 (Iowa 2003). “Iowa Code § 6B.3(1)(f) (emphasis added). We are convinced that the portion of the statutory language which we have italicized *141 limits its application to eminent domain proceedings in which the damages are to be paid by the state.”
City of West Des Moines v. Smith, 687 N.W.2d 103 (Iowa 2004). “Iowa Code 6B.3. Although the city views the issue as being whether the individual who serves as trustee of the family trust and revocable trust received notice of the condemnation proceeding, we are convinced that notice of the proceeding only brings before the tribunal those…”
Castle Gate Homeowners' Ass'n v. K & L Props., LLC, 991 N.W.2d 796 (Iowa Ct. App. 2023). · cites it 3× “” Iowa Code § 6B.3(1). Operating under this statute, K & L filed an application for condemnation and appointment of a compensation commission to assess damages on June 25, 2021.”
Philip W. Madson v. Robert A. Scott, 947 N.W.2d 227 (Iowa Ct. App. 2020). · cites it 2× “Their petition stated various issues but the most obvious problem with the proceeding was that it was brought in a new civil action filed with the Shelby County Clerk and not submitted to the chief judge as required by Iowa Code § 6B.3. As part of the parties[’] settlement in…”
Petersen v. Harrison Cty. Bd. of Suprvs., 580 N.W.2d 790 (Iowa 1998). “See Iowa Code § 6B.3(6) (condemnation of certain classes of land within an agricultural area requires a statement of reasonable necessity for condemnation).”
Amended May 12, 2017 Johnson Propane, Heating & Cooling, Inc. v. Iowa Dep't of Transp., No. 16–0906 (Iowa Mar. 3, 2017). “One such policy is that [i]f the acquisition of only a portion of property would leave the owner with an uneconomical remnant, the acquiring agency shall offer to acquire that remnant.”
Broderick Fam., L.P. v. City of Waukee, No. 19-1131 (Iowa Ct. App. Oct. 7, 2020). “” See Iowa Code § 6B.3(1)(b). So, when Waukee submitted its condemnation application, it attached plats showing the five or so acres it sought to acquire from Broderick.”
Show all 14 citing cases →
Iowa Code § 6B.3(1): 4 cases
Johnson Propane, Heating & Cooling, Inc. v. Iowa Dep't of Transp., 891 N.W.2d 220 (Iowa 2017). “Iowa Code § 6B.3(1). In making its application, the acquiring agency shall, at a minimum, satisfy the acquisition policies as set forth by the legislature.”
Castle Gate Homeowners' Ass'n v. K & L Props., LLC, 991 N.W.2d 796 (Iowa Ct. App. 2023). “” Iowa Code § 6B.3(1). Operating under this statute, K & L filed an application for condemnation and appointment of a compensation commission to assess damages on June 25, 2021.”
Amended May 12, 2017 Johnson Propane, Heating & Cooling, Inc. v. Iowa Dep't of Transp., No. 16–0906 (Iowa Mar. 3, 2017). “One such policy is that [i]f the acquisition of only a portion of property would leave the owner with an uneconomical remnant, the acquiring agency shall offer to acquire that remnant.”
Philip W. Madson v. Robert A. Scott, 947 N.W.2d 227 (Iowa Ct. App. 2020). “Their petition stated various issues but the most obvious problem with the proceeding was that it was brought in a new civil action filed with the Shelby County Clerk and not submitted to the chief judge as required by Iowa Code § 6B.3. As part of the parties[’] settlement in…”
Iowa Code § 6B.3(1)(b): 1 case
Broderick Fam., L.P. v. City of Waukee, No. 19-1131 (Iowa Ct. App. Oct. 7, 2020). “” See Iowa Code § 6B.3(1)(b). So, when Waukee submitted its condemnation application, it attached plats showing the five or so acres it sought to acquire from Broderick.”
Iowa Code § 6B.3(1)(f): 1 case
In re Condemnation of Certain Rights, 666 N.W.2d 137 (Iowa 2003). “Iowa Code § 6B.3(1)(f) (emphasis added). We are convinced that the portion of the statutory language which we have italicized *141 limits its application to eminent domain proceedings in which the damages are to be paid by the state.”
Iowa Code § 6B.3(1)(g): 2 cases
Merle D. Brendeland v. Iowa Dep't of Transp., 14 N.W.3d 135 (Iowa 2024).
Merle D. Brendeland v. Iowa Dep't of Transp., 14 N.W.3d 135 (Iowa 2024).
Iowa Code § 6B.3(3)(a): 1 case
Castle Gate Homeowners' Ass'n v. K & L Props., LLC, 991 N.W.2d 796 (Iowa Ct. App. 2023). “” Iowa Code § 6B.3(1). Operating under this statute, K & L filed an application for condemnation and appointment of a compensation commission to assess damages on June 25, 2021.”
Iowa Code § 6B.3(6): 2 cases
Petersen v. Harrison Cnty. Bd. of Supervisors, 580 N.W.2d 790 (Iowa 1998). “See Iowa Code § 6B.3(6) (condemnation of certain classes of land within an agricultural area requires a statement of reasonable necessity for condemnation).”
Petersen v. Harrison Cty. Bd. of Suprvs., 580 N.W.2d 790 (Iowa 1998). “See Iowa Code § 6B.3(6) (condemnation of certain classes of land within an agricultural area requires a statement of reasonable necessity for condemnation).”
Iowa Code § 6B.3(l): 1 case
Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000). “See Iowa Code § 6B.3. 2 The eon-demner under section 6A.”
Iowa Code § 6B.3(l)(f): 1 case
Wild v. Allamakee Cnty., 666 N.W.2d 137 (Iowa 2003). “Iowa Code § 6B.3(l)(f) (emphasis added). We are convinced that the portion of the statutory language which we have itali *141 cized limits its application to eminent domain proceedings in which the damages are to be paid by the state.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.