This article provides a general overview of the procedures followed during a Compensation Commission hearing conducted by a county sheriff’s department in Iowa. It is intended to guide landowners and other interested parties after they have received the “Notice of Assessment,” which marks the formal initiation of condemnation proceedings.
Notice of Assessment and Hearing Scheduling
Pursuant to Iowa Code § 6B.8, a Notice of Assessment must be personally served on the property owner or other interested party at least thirty (30) days prior to the scheduled hearing. This notice must include the date, time, and location of the hearing before the Compensation Commission.
Sign-In and Opening Instructions
Upon arrival at the hearing location, all non-commissioner attendees will be asked to sign in. The hearing formally begins with the reading of the Instructions to Compensation Commissioners from the Chief Justice of the Iowa Supreme Court. This is a required two-page document that must be read aloud to the commissioners at the commencement of every hearing held throughout the state. It outlines the statutory criteria for evaluating damages and provides an overview of certain costs that may be awarded in addition to compensation, such as attorney fees and relocation expenses.
Introductions and Property Overview
Following the reading of instructions, the sheriff’s representative will ask the commissioners to introduce themselves, after which the parties and any supporting professionals such as legal counsel, appraisers, or engineers will be asked to do the same. One of the parties will generally offer a brief statement about the property being condemned and the project for which it is being taken. In many cases, the landowner will also make a brief statement acknowledging the scope of the taking.
Site Viewing by the Commissioners
Before any formal presentation of evidence, the commissioners will travel to view the subject property in person. The sheriff’s department is responsible for arranging transportation for the commissioners. Each party is responsible for arranging and providing their own transportation to and from the site viewing.
At the property, the commissioners will have the opportunity to walk the area being taken, examine it firsthand, and ask questions of both the landowner and the acquiring party. This viewing allows the commission to understand the unique characteristics of the property and the nature and extent of the taking.
Presentation of Evidence and Argument
After the site visit, the hearing will resume with the presentation of evidence and argument. This process is informal and not governed by the rules of evidence that apply in court. Each party may submit as many exhibits and call as many witnesses as they wish.
The acquiring party typically distributes a packet of materials that includes an appraisal or market analysis, along with aerial photographs and engineering overlays. Staff members from the department overseeing the project, along with the appraiser and an engineer, usually offer oral testimony during the presentation. Written statements are not typically submitted.
The condemnee may choose to submit as much or as little evidence as they wish. They are not required to provide exhibits or speak at the hearing in order to preserve their right to appeal. On appeal, new evidence and testimony can be introduced. A condemnee may appeal the commission’s award even if no evidence or argument was presented at the hearing. It is also important to note that a condemnee can appeal an award as inadequate even if the commission awards the amount requested by the condemnee. The acquiring party may only appeal if the damages awarded exceed the amount established in its appraisal.
Procedure and Rebuttal
The commission chairperson has broad discretion in managing the conduct of the hearing, including the order and format of presentations. In almost every case, the acquiring party presents its case first in full. The condemnee then has the opportunity to respond and offer rebuttal. The chairperson may, at their discretion, allow further rounds of rebuttal.
Deliberation and Issuance of Award
Once the commission is satisfied that all relevant testimony and evidence have been presented, it will deliberate in closed session. While the law permits open deliberation, in practice, the commission almost always deliberates privately. The commissioners may re-open the session to ask follow-up questions if necessary.
Once a decision has been reached, the commission reconvenes in open session to announce its award of damages. The final decision is recorded in the Report of Compensation Commissioners. After the decision is announced, the hearing is adjourned and all parties are dismissed.
Appeal Rights
Following the issuance of the commission’s award, any party seeking to appeal must file a petition in the district court of the county where the property is located within thirty (30) days of the date of the award. This is a very short window to file an appeal. If you believe the award is unfair or if you are considering an appeal for any reason, you should immediately seek legal counsel to assist in preserving your rights and meeting the deadline.