HF 2325 (LSB 6022YH (7) 89)

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 submitting a request for the right to exercise eminent domain and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 479B.16, subsection 1, Code 2022, is amended to read as follows:
   1.  A pipeline company granted a pipeline permit shall, subject to subsection 4, be vested with the right of eminent domain, to the extent necessary and as prescribed and approved by the 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 pipeline. The board may grant additional eminent domain rights where the pipeline company has presented sufficient evidence to adequately demonstrate that a greater area is required for the proper construction, operation, and maintenance of the pipeline or for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline.
    Sec. 2.  Section 479B.16, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A pipeline company granted a pipeline permit and seeking the right of eminent domain under this chapter shall acquire the consent of ninety percent or more of landowners whose property shall be subject to an easement prior to beginning pipeline construction. The pipeline company shall submit evidence of landowner approval to the board.
    Sec. 3.  APPLICABILITY.  This Act applies to applications to construct a new pipeline submitted on or after the effective date of the Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to a pipeline company seeking eminent domain rights for a pipeline construction project.
   The bill requires a pipeline company seeking to use eminent domain to acquire approval from landowners owning 90 percent of the land affected by the pipeline project prior to beginning pipeline construction. The pipeline company shall submit evidence of landowner approval to the utilities board within the utilities division of the department of commerce. The bill applies to pipeline companies seeking eminent domain approval on or after the effective date of the bill.