Iowa Code § 6B.4

Commission to assess damages

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1. Annually the board of supervisors of a county shall appoint not less than twenty-eight residents of the county and the names of such persons shall be placed on a list and they shall be eligible to serve as members of a compensation commission. One-fourth of the persons appointed shall be owner-operators of agricultural property, one-fourth of the persons appointed shall be owners of city property, one-fourth shall be licensed real estate salespersons or real estate brokers, and one-fourth shall be persons having knowledge of property values in the county by reason of their occupation, such as bankers, auctioneers, property managers, property appraisers, and persons responsible for making loans on property. 2. a. The chief judge of the judicial district or the chief judge’s designee shall select by lot six persons from the list, who shall constitute a compensation commission to assess the damages to all property to be taken by the applicant and located in the county, as follows: (1) Two persons who are owner-operators of agricultural property when the property to be condemned is agricultural property. (2) Two persons who are owners of city property when the property to be condemned is other than agricultural property. (3) Two persons from each of the remaining two representative groups. b. The chief judge or the judge’s designee shall name a chairperson from the persons selected and may appoint such alternate members and chairpersons to the commission as are deemed necessary and appropriate under the circumstances. A person shall not be selected as a member or alternate member of the compensation commission if the person possesses any interest in the proceeding which would cause the person to render a biased decision. The applicant shall mail a copy of the list of commissioners and alternates appointed by the chief judge by certified mail to the property owner at the owner’s last known address. The applicant shall also cause the list of commissioners and alternates to be published once in a newspaper of general circulation in the county, not less than four nor more than\n\nTue Dec 09 22:34:40 2025 Iowa Code 2026, Chapter 6B (41, 0) 7 PROCEDURE UNDER EMINENT DOMAIN, §6B.5\n\ntwenty days before the meeting of the compensation commission to assess the damages. Service of the list of commissioners and alternates by publication shall be deemed complete on the day of publication. In lieu of mailing and publishing the list of commissioners and alternates, the applicant may cause the list to be served upon the owner of the property in the manner provided by the Iowa rules of civil procedure for the personal service of original notice. The list of commissioners and alternates shall be mailed and published or served, as above provided, prior to or contemporaneously with service of the notice of assessment as provided in section 6B.8. 3. Written instructions for members of compensation commissions shall be prepared under the direction of the chief justice of the supreme court and distributed to the sheriff in each county. The sheriff shall transmit copies of the instructions to each member of a compensation commission, and such instructions shall be read aloud to each commission before it commences its duties. [R60, §1317, 1318; C73, §1244, 1245; C97, §1999, 2029; C24, 27, 31, 35, 39, §7825; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.4] C93, §6B.4 99 Acts, ch 171, §5, 6, 42; 2000 Acts, ch 1032, §1; 2000 Acts, ch 1179, §10, 11, 30; 2006 Acts, 1st Ex, ch 1001, §47, 49; 2014 Acts, ch 1092, §2 Referred to in §6B.3, 306.28, 331.321, 479.46, 479B.30\n\n 6B.4A Review of applications by compensation commission. Repealed by 2006 Acts, 1st Ex, ch 1001, §48, 49.

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6B.5 Challenges to commissioners — filling vacancies on commission. 1. Persons appointed by the chief judge to serve on the compensation commission are excused from the commission if they are removed for cause, stricken by a challenge pursuant to this section, unavailable to serve on the commission, or fail to act in their capacity as commissioners. 2. The applicant may challenge one commissioner without stating cause and the person or persons representing the fee ownership interest in the property may challenge one commissioner without stating cause. A challenge to the appointment of a commissioner shall be filed, in writing, with the sheriff not less than seven days prior to the meeting of the compensation commission, and shall be mailed to the other party by ordinary mail on the day of filing. An alternate commissioner may not be challenged without cause. A challenge filed less than seven days prior to the meeting of the commission shall have no effect. 3. If a person is excused from the commission, the sheriff shall select and notify, not less than twenty-four hours prior to the meeting, the alternate commissioners appointed for that condemnation proceeding, to complete the membership of the commission. Alternate commissioners selected and notified shall have the same qualifications as the person who is being replaced. If no alternates have been appointed, the chief judge of the judicial district shall appoint another person from the list, possessing the same qualifications as the person who is being replaced to complete the membership of the commission. 4. The sheriff shall notify alternate commissioners in the order directed by the chief judge, and the alternate commissioner first notified who is available to serve as a compensation commissioner shall serve in the place of the commissioner who was unable to serve or who was stricken from the panel. 5. If a person is excused from the commission, the applicant and the property owner may stipulate in writing to the selection and notification of a particular alternate having the same qualifications as the person who is being replaced, to complete the membership of the commission. Such stipulation shall be filed with the sheriff not less than seventy-two hours prior to the meeting of the commission. [R60, §1319; C73, §1251; C97, §2006; C24, 27, 31, 35, 39, §7826; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.5] C93, §6B.5 2000 Acts, ch 1179, §12, 30\n\nTue Dec 09 22:34:40 2025 Iowa Code 2026, Chapter 6B (41, 0) §6B.6, PROCEDURE UNDER EMINENT DOMAIN 8

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