House
File
239
-
Introduced
HOUSE
FILE
239
BY
KAUFMANN
A
BILL
FOR
An
Act
relating
to
public
utility
crossings
of
railroad
1
rights-of-way.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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239
Section
1.
Section
476.27,
subsection
1,
paragraphs
g
and
h,
1
Code
2019,
are
amended
to
read
as
follows:
2
g.
“Railroad”
or
“railroad
corporation”
means
a
railroad
3
corporation
as
defined
in
section
321.1
,
which
is
the
4
owner,
operator,
occupant,
manager,
or
agent
of
a
railroad
5
right-of-way
or
the
railroad
corporation’s
successor
in
6
interest
any
other
entity
created
by
a
railroad
.
“Railroad”
and
7
“railroad
corporation”
include
an
interurban
railway.
8
h.
“Railroad
right-of-way”
means
one
or
more
of
the
9
following:
10
(1)
A
right-of-way
or
other
interest
in
real
estate
that
is
11
owned
or
operated
by
a
railroad
corporation,
the
trustees
of
a
12
railroad
corporation,
or
the
successor
in
interest
of
any
other
13
entity
created
by
a
railroad
corporation
.
14
(2)
A
right-of-way
or
other
interest
in
real
estate
that
is
15
occupied
or
managed
by
or
on
behalf
of
a
railroad
corporation,
16
the
trustees
of
a
railroad
corporation,
or
the
successor
in
17
interest
of
any
other
entity
created
by
a
railroad
corporation
,
18
including
an
abandoned
railroad
right-of-way
that
has
not
19
otherwise
reverted
pursuant
to
chapter
327G
.
20
(3)
Another
interest
in
a
former
railroad
right-of-way
that
21
has
been
acquired
or
is
operated
by
a
land
management
company
22
or
similar
entity.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
modifies
certain
definitions
in
Code
section
27
476.27,
which
prescribes
conditions
relating
to
the
crossing
28
of
railroad
rights-of-way
by
public
utilities.
Code
section
29
476.27
defines
“railroad”
or
“railroad
corporation”
to
30
mean
a
railroad
corporation
which
is
the
owner,
operator,
31
occupant,
manager,
or
agent
of
a
railroad
right-of-way
or
32
successor
in
interest.
“Railroad
right-of-way”
is
defined
33
to
mean
one
or
more
of
the
following:
a
right-of-way
or
34
other
interest
in
real
estate
that
is
owned
or
operated
by
a
35
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239
railroad
corporation,
its
trustees,
or
successor
in
interest;
a
1
right-of-way
or
other
interest
in
real
estate
that
is
occupied
2
or
managed
by
or
on
behalf
of
a
railroad
corporation,
its
3
trustees,
or
successor
in
interest;
or
another
interest
in
4
a
former
railroad
right-of-way
that
has
been
acquired
or
is
5
operated
by
a
land
management
company
or
similar
entity.
6
The
bill
modifies
the
definitions
of
“railroad”
and
7
“railroad
right-of-way”
in
Code
section
476.27
by
replacing
8
references
to
a
railroad
corporation’s
“successor
in
9
interest”
with
references
to
“any
other
entity
created
by
a
10
railroad”.
The
bill
also
removes
interests
in
former
railroad
11
rights-of-way
acquired
or
operated
by
land
management
companies
12
from
the
definition
of
“railroad
right-of-way”.
13
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