Homeowner loses right to property

COUNCIL BLUFFS — A local homeowner lost the right to her property after leaving it uninhabitable for four years, the Iowa Court of Appeals ruled Thursday.

The home of Anita Harder was damaged in a 2004 fire. Harder didn't have the money necessary for repairs. While she waited for her insurance company to evaluate her claim, she moved out but continued to monitor the property.

Her efforts weren't good enough, according to complaints by neighbors, and the city seized the house in 2008, when District Court Judge James M. Richardson declared it abandoned. The three-judge Court of Appeals panel affirmed that decision with a 2-1 vote.

Harder did not return a call seeking comment.

An Omaha teacher, Harder still hasn't received payment from her insurance company for home repairs, according to court documents, so she spent the past several years paying taxes and making mortgage payments on the home while she waited for things to get worked out.

The house at 4011 Rawlins Drive sat for years after the fire without electricity or other utilities. The structure deteriorated and became the target of break-ins, which neighbors said created a safety hazard.

Judges examined photos of the house, which revealed peeling paint, temporary roof coverings and boarded-up windows.

The house was taken under a state law that allows cities and counties to seize abandoned property.

The Legislature listed several criteria to determine if a property qualifies as “abandoned,” including whether utilities are working, whether the home is occupied, whether it's boarded up, and whether vermin are present, among other factors.

The law was enacted specifically to address homes like the one owned by Harder, Judge Edward Mansfield wrote, that “has been vacant, uninhabitable, unrepaired, and deteriorating for three and a half years with no end in sight.”

The sixth-grade teacher said she did not abandon the home.

Rather, she took on a second job to help pay property taxes and make mortgage payments while also paying for other lodging.

She paid her nephew $100 each month to keep up the property. And, while it was boarded and uninhabitable, she said, the lot was neat and free of vermin.

Judge Anuradha Vaitheswaran, who cast the dissenting vote, agreed with Harder.

She noted Harder's continued payments on the house and efforts to maintain the property by putting tarps over the roof and boarding up windows.

“The deteriorating condition of the home was a factor beyond Harder's control,” she wrote.

Contact the writer:

444-1310, elizabeth.ahlin@owh.com

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