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Senate File 104 - IntroducedA Bill ForAn Act 1relating to requiring landowner approval for a
2pipeline company submitting a request for the right to
3exercise eminent domain and including effective date and
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 479B.16, subsection 1, Code 2023, is
2amended to read as follows:
31. A pipeline company granted a pipeline permit shall,
4subject to subsection 4, be vested with the right of eminent
5domain, to the extent necessary and as prescribed and approved
6by the board, not exceeding seventy-five feet in width for
7right-of-way and not exceeding one acre in any one location in
8addition to right-of-way for the location of pumps, pressure
9apparatus, or other stations or equipment necessary to
10the proper operation of its pipeline. The board may grant
11additional eminent domain rights where the pipeline company
12has presented sufficient evidence to adequately demonstrate
13that a greater area is required for the proper construction,
14operation, and maintenance of the pipeline or for the location
15of pumps, pressure apparatus, or other stations or equipment
16necessary to the proper operation of its pipeline.
17 Sec. 2. Section 479B.16, Code 2023, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 4. A pipeline company granted a pipeline
20permit and seeking the right of eminent domain under this
21chapter shall acquire consent from landowners owning ninety
22percent or more of the real estate parcels which shall be
23necessary for the project. The pipeline company shall submit
24evidence of landowner approval to the board.
25 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
26importance, takes effect upon enactment.
27 Sec. 4. APPLICABILITY. This Act applies to a pipeline
28company that has yet to be granted a permit from the utilities
29board on or after the effective date of the Act.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to a pipeline company seeking eminent
34domain rights for a pipeline construction project.
35The bill requires a pipeline company seeking to use eminent
-1-1domain to acquire approval from landowners owning 90 percent
2of the land which shall be necessary for the project. The
3pipeline company shall submit evidence of landowner approval
4to the utilities board within the utilities division of the
5department of commerce.
6The bill takes effect upon enactment. The bill applies to
7pipeline companies without a permit from the board on or after
8the effective date of the bill.
-2-es/rn
2pipeline company submitting a request for the right to
3exercise eminent domain and including effective date and
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 479B.16, subsection 1, Code 2023, is
2amended to read as follows:
31. A pipeline company granted a pipeline permit shall,
4subject to subsection 4, be vested with the right of eminent
5domain, to the extent necessary and as prescribed and approved
6by the board, not exceeding seventy-five feet in width for
7right-of-way and not exceeding one acre in any one location in
8addition to right-of-way for the location of pumps, pressure
9apparatus, or other stations or equipment necessary to
10the proper operation of its pipeline. The board may grant
11additional eminent domain rights where the pipeline company
12has presented sufficient evidence to adequately demonstrate
13that a greater area is required for the proper construction,
14operation, and maintenance of the pipeline or for the location
15of pumps, pressure apparatus, or other stations or equipment
16necessary to the proper operation of its pipeline.
17 Sec. 2. Section 479B.16, Code 2023, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 4. A pipeline company granted a pipeline
20permit and seeking the right of eminent domain under this
21chapter shall acquire consent from landowners owning ninety
22percent or more of the real estate parcels which shall be
23necessary for the project. The pipeline company shall submit
24evidence of landowner approval to the board.
25 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
26importance, takes effect upon enactment.
27 Sec. 4. APPLICABILITY. This Act applies to a pipeline
28company that has yet to be granted a permit from the utilities
29board on or after the effective date of the Act.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to a pipeline company seeking eminent
34domain rights for a pipeline construction project.
35The bill requires a pipeline company seeking to use eminent
-1-1domain to acquire approval from landowners owning 90 percent
2of the land which shall be necessary for the project. The
3pipeline company shall submit evidence of landowner approval
4to the utilities board within the utilities division of the
5department of commerce.
6The bill takes effect upon enactment. The bill applies to
7pipeline companies without a permit from the board on or after
8the effective date of the bill.
-2-es/rn