Iowa Code

Iowa Code § 6B.34 (2026)

Refusal to pay final award

✓ current as of July 2026
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Should the applicant decline, at any time after an appeal is taken as provided in section 6B.18, to take the property and pay the damages awarded, the applicant shall pay, in addition to the costs and damages actually suffered by the landowner, reasonable attorney fees to be taxed by the court. [C97, §2011; C24, 27, 31, 35, 39, §7853; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.34] C93, §6B.34

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Notes of Decisions
Cited in 2 cases, 1996–2019 · leading case: Lehigh Clay Prods., Ltd. v. Iowa Dep't of Transp., 545 N.W.2d 526 (Iowa 1996).
Lehigh Clay Prods., Ltd. v. Iowa Dep't of Transp., 545 N.W.2d 526 (Iowa 1996). · cites it 8× “In both cases we interpreted Iowa Code section 6B.34 (formerly section 472.34) as being designed to restore a landowner to the status quo.”
JLL LLC v. City of Cedar Falls (Iowa Ct. App. 2019). · cites it 2× “2d 816, 819 (Iowa 1985) (reviewing assessment of costs, damages, and attorney fees under what is now Iowa Code section 6B.34 for substantial evidence and abuse of discretion); cf.”
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