2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS
316.2 - EFFECT ON ACQUISITIONS AND CONDEMNATIONS.

        316.2  EFFECT ON ACQUISITIONS AND CONDEMNATIONS.
         1.  The provisions of this chapter shall not affect the validity
      of any property acquisitions by purchase or condemnation.
         2.  Nothing in this chapter shall be construed as creating in any
      condemnation proceedings brought under the power of eminent domain,
      any element of value or of damage not in existence immediately prior
      to the date of this chapter.
         3.  A payment made or to be made under the authority granted in
      this chapter shall be for compensating or reimbursing the displaced
      person or owner of real property in accordance with the requirements
      of the federal Uniform Relocation Act and this chapter and the
      payments shall not for any purpose be deemed or considered
      compensation for real property acquired or compensation for damages
      to remaining property.
         Payments authorized to be made by the federal Uniform Relocation
      Act and this chapter shall be made as relocation payments, and in
      order to prevent unjust enrichment or a duplication of payments to
      any condemnee in any condemnation proceeding or appeal from any
      condemnation proceeding, an allowance shall not be made in
      determining just compensation in a condemnation proceeding for any
      damages, for any item of damage, or any cost, which is authorized to
      be paid as a relocation payment.
         Moving cost payments and allowances for personal property which is
      damaged or destroyed or reduced in value by an acquisition of
      property authorized under section 6B.14 or any other provision of the
      Code under the powers of eminent domain on projects where relocation
      assistance payments are paid under this chapter shall be those
      payments and allowances authorized by this chapter and shall not be
      made or included as part of an award of damages in any condemnation
      proceeding or appeal from any condemnation proceeding.  

         Section History: Early Form

         [C71, § 316.8; C73, 75, 77, 79, 81, § 316.2] 

         Section History: Recent Form

         89 Acts, ch 20, §6