House
File
2325
-
Introduced
HOUSE
FILE
2325
BY
STONE
,
SALMON
,
WHEELER
,
JENEARY
,
FISHER
,
BUSH
,
GERHOLD
,
and
SHIPLEY
A
BILL
FOR
An
Act
requiring
landowner
approval
for
a
pipeline
company
1
submitting
a
request
for
the
right
to
exercise
eminent
2
domain
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6022YH
(7)
89
es/rn
H.F.
2325
Section
1.
Section
479B.16,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
3
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
4
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
5
by
the
board,
not
exceeding
seventy-five
feet
in
width
for
6
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
7
addition
to
right-of-way
for
the
location
of
pumps,
pressure
8
apparatus,
or
other
stations
or
equipment
necessary
to
9
the
proper
operation
of
its
pipeline.
The
board
may
grant
10
additional
eminent
domain
rights
where
the
pipeline
company
11
has
presented
sufficient
evidence
to
adequately
demonstrate
12
that
a
greater
area
is
required
for
the
proper
construction,
13
operation,
and
maintenance
of
the
pipeline
or
for
the
location
14
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
15
necessary
to
the
proper
operation
of
its
pipeline.
16
Sec.
2.
Section
479B.16,
Code
2022,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
4.
A
pipeline
company
granted
a
pipeline
19
permit
and
seeking
the
right
of
eminent
domain
under
this
20
chapter
shall
acquire
the
consent
of
ninety
percent
or
more
of
21
landowners
whose
property
shall
be
subject
to
an
easement
prior
22
to
beginning
pipeline
construction.
The
pipeline
company
shall
23
submit
evidence
of
landowner
approval
to
the
board.
24
Sec.
3.
APPLICABILITY.
This
Act
applies
to
applications
to
25
construct
a
new
pipeline
submitted
on
or
after
the
effective
26
date
of
the
Act.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
a
pipeline
company
seeking
eminent
31
domain
rights
for
a
pipeline
construction
project.
32
The
bill
requires
a
pipeline
company
seeking
to
use
eminent
33
domain
to
acquire
approval
from
landowners
owning
90
percent
of
34
the
land
affected
by
the
pipeline
project
prior
to
beginning
35
-1-
LSB
6022YH
(7)
89
es/rn
1/
2
H.F.
2325
pipeline
construction.
The
pipeline
company
shall
submit
1
evidence
of
landowner
approval
to
the
utilities
board
within
2
the
utilities
division
of
the
department
of
commerce.
The
bill
3
applies
to
pipeline
companies
seeking
eminent
domain
approval
4
on
or
after
the
effective
date
of
the
bill.
5
-2-
LSB
6022YH
(7)
89
es/rn
2/
2