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 TLSB 1934YH (2) 88 gh/rn
H.F. 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 -1- LSB 1934YH (2) 88 gh/rn 1/ 2
H.F. 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 -2- LSB 1934YH (2) 88 gh/rn 2/ 2