Section 6B.38. Record of proceedings — fee — effect.

  1.  The county recorder shall record the papers, statements, and certificate in the record of deeds and properly index them. The recorder may return the recorded instrument to the sender or dispose of that instrument if the sender does not wish to have the instrument returned. A document filed in the recorder’s office before July 1, 1990, may be returned to the sender or disposed of if the sender does not wish to have the document returned and if there is an official copy of that document in the recorder’s office.

  2.  The county recorder shall file a copy of the sheriff’s statement required by section 6B.35, subsection 5, with the office of the secretary of state.

  3.  The sheriff or clerk, as the case may be, shall collect from the condemner such fee as the county recorder would have legal right to demand for making such record, and pay such fee to the recorder upon presenting the papers for record.

  4.  The said original papers, statements, and certificate, or the record thereof shall be presumptive evidence of title in the condemner, and shall constitute constructive notice of the right of such condemner to the lands condemned.

[C73, §1253; C97, §2008; C24, 27, 31, 35, 39, §7857; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §472.38]

90 Acts, ch 1021, §3

;

91 Acts, ch 116, §4

C93, §6B.38

99 Acts, ch 171, §16, 42

;

2006 Acts, 1st Ex, ch 1001, §47, 49

Recorder fee, see §331.604