Any pipeline company having secured a permit for pipelines as in this chapter provided shall thereupon be vested with the right of eminent domain* to such extent as may be necessary and as prescribed and approved by said board, not exceeding seventy-five feet in width for right of way and not exceeding one acre in any one location in addition to right of way for the location of pumps, pressure apparatus or other stations or equipment necessary to the proper operation of its said pipeline or lines.
Any pipeline company having secured a permit for underground storage of gas as in this chapter provided shall be vested with the right of eminent domain to such extent as may be necessary and as prescribed and approved by said board in order to appropriate for its use for the underground storage of gas any subsurface stratum or formation in any land which the board shall have found to be suitable and in the public interest for the underground storage of gas, and in connection therewith may appropriate such other interests in property, as may be required adequately to examine, prepare, maintain and operate such underground gas storage facilities. The right of appropriation hereby granted shall be without prejudice to the rights of the owner of said lands or of other rights or interests therein to drill or bore through the underground stratum or formation so appropriated in such manner as shall comply with orders, rules of the board issued for the purpose of protecting underground storage strata or formations against pollution and against the escape of gas therefrom and shall be without prejudice to the rights of the owner of said lands or other rights or interest therein as to all other uses thereof.
If agreement cannot be made with the private owner of lands as to damages caused by the construction of said pipeline or gas storage facilities, the same proceedings shall be taken as provided for taking private property for works of internal improvement.
Nothing in this chapter shall authorize the construction of a pipeline longitudinally on, over or under any railroad right of way or public highway, or at other than an approximate right angle to such railroad track or public highway without the consent of such railroad company, the state department of transportation or board of supervisors, as the case may be, nor shall any provision of this chapter authorize or give the right of condemnation or eminent domain for such purposes.
[C31, § 8338-d23; C35, § 8338-f38; C39, § 8338.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 490.25; C77, 79, 81, § 479.24]
*See 253 Iowa 1143 ~ICondemnation procedure, ch 6B ~IEminent domain, ch 6A
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