House File 639 H-1185 Amend House File 639 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 6A.21, subsection 1, Code 2025, is 3 amended to read as follows: 4 1. Except as otherwise provided, for purposes of this 5 chapter and chapter 6B : 6 a. “Aboveground merchant line” means “merchant line” as 7 defined in section 478.6A, subsection 1 , excluding those 8 merchant lines that are underground. 9 b. “Agricultural land” means real property owned by a person 10 in tracts of ten acres or more and not laid off into lots of 11 less than ten acres or divided by streets and alleys into 12 parcels of less than ten acres, and that has been used for 13 the production of agricultural commodities during three out 14 of the past five years. Such use of property includes, but 15 is not limited to, the raising, harvesting, handling, drying, 16 or storage of crops used for feed, food, seed, or fiber; the 17 care or feeding of livestock; the handling or transportation 18 of crops or livestock; the storage, treatment, or disposal 19 of livestock manure; and the application of fertilizers, 20 soil conditioners, pesticides, and herbicides on crops. 21 Agricultural land includes land on which is located farm 22 residences or outbuildings used for agricultural purposes and 23 land on which is located facilities, structures, or equipment 24 for agricultural purposes. Agricultural land includes 25 land taken out of agricultural production for purposes of 26 environmental protection or preservation. 27 c. “Commodity” means a product that is used by an individual 28 consumer or is used to produce a product used by an individual 29 consumer. 30 d. “Common carrier” means a commercial enterprise that holds 31 itself out as ready to engage in the transportation of goods 32 or passengers for hire, as a public employment, and not as a 33 casual occupation, and that undertakes to carry for all persons 34 indifferently, within the limits of the enterprise’s capacity 35 -1- HF 639.1220 (3) 91 sb/js 1/ 3 #1.

and the sphere of business required of it. For a carrier 1 engaged in the transportation of a hazardous liquid to qualify 2 as a common carrier, the carrier must establish by clear and 3 convincing evidence that it will transport a commodity for 4 one or more shippers not affiliated with the carrier who 5 will either retain ownership of the commodity or sell the 6 commodity to a party other than the carrier. A common carrier 7 determination by the federal energy regulatory commission shall 8 be controlling for purposes of this paragraph. 9 c. e. “Private development purposes” means the 10 construction of, or improvement related to, recreational 11 trails, recreational development paid for primarily with 12 private funds, aboveground merchant lines, housing and 13 residential development, or commercial or industrial enterprise 14 development. 15 d. f. “Public use” or “public purpose” or “public 16 improvement” does not include the authority to condemn 17 agricultural land for private development purposes unless the 18 owner of the agricultural land consents to the condemnation. 19 Sec. ___. Section 6A.24, Code 2025, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 4. Notwithstanding subsection 3, an 22 acquiring agency proposing to acquire property by eminent 23 domain pursuant to a grant under chapter 479B shall have the 24 burden of establishing by clear and convincing evidence that 25 the proposed use meets the definition of a public use, public 26 purpose, or public improvement. > 27 2. Page 1, after line 23 by inserting: 28 < Sec. ___. Section 479B.16, subsection 1, Code 2025, is 29 amended to read as follows: 30 1. A pipeline company granted a pipeline permit shall , 31 subject to subsection 4, be vested with the right of eminent 32 domain, to the extent necessary and as prescribed and approved 33 by the commission, not exceeding seventy-five feet in width for 34 right-of-way and not exceeding one acre in any one location in 35 -2- HF 639.1220 (3) 91 sb/js 2/ 3 #2.

addition to right-of-way for the location of pumps, pressure 1 apparatus, or other stations or equipment necessary to the 2 proper operation of its pipeline. The commission may grant 3 additional eminent domain rights where when the pipeline 4 company has presented sufficient evidence to adequately 5 demonstrate that a greater area is required for the proper 6 construction, operation, and maintenance of the pipeline or for 7 the location of pumps, pressure apparatus, or other stations or 8 equipment necessary to the proper operation of its pipeline. 9 Sec. ___. Section 479B.16, Code 2025, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 4. A pipeline company granted a pipeline 12 permit shall not be vested with the right of eminent domain 13 unless the pipeline company is a common carrier, as defined in 14 section 6A.21. 15 Sec. ___. EFFECTIVE DATE. This Act, being deemed of 16 immediate importance, takes effect upon enactment. 17 Sec. ___. APPLICABILITY. This Act applies to condemnation 18 proceedings for which the application filed under section 6B.3 19 is filed on or after the effective date of this Act. > 20 3. Title page, line 1, after < relating to > by inserting 21 < hazardous liquid pipelines, including common carrier 22 requirements and > 23 4. Title page, line 2, by striking < permit. > and inserting 24 < permit, and including effective date and applicability 25 provisions. > 26 5. By renumbering as necessary. 27 ______________________________ HOLT of Crawford -3- HF 639.1220 (3) 91 sb/js 3/ 3 #3. #4. #5.