Senate
File
92
-
Introduced
SENATE
FILE
92
BY
GREEN
,
CAMPBELL
,
GUTH
,
ROWLEY
,
ALONS
,
SALMON
,
TAYLOR
,
WESTRICH
,
EVANS
,
PIKE
,
and
LOFGREN
A
BILL
FOR
An
Act
relating
to
the
exercise
of
eminent
domain
for
the
1
construction
of
hazardous
liquid
pipelines
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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92
Section
1.
Section
6A.21,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
The
limitation
on
the
definition
of
public
use,
3
public
purpose,
or
public
improvement
does
not
apply
to
the
4
establishment,
relocation,
or
improvement
of
a
road
pursuant
5
to
chapter
306
,
or
to
the
establishment
of
a
railway
under
the
6
supervision
of
the
department
of
transportation
as
provided
in
7
section
327C.2
,
or
to
an
airport
as
defined
in
section
328.1
,
8
or
to
land
acquired
in
order
to
replace
or
mitigate
land
used
9
in
a
road
project
when
federal
law
requires
replacement
or
10
mitigation.
This
limitation
also
does
not
apply
to
utilities,
11
persons,
companies,
or
corporations
under
the
jurisdiction
12
of
the
Iowa
utilities
commission
or
to
any
other
utility
13
conferred
the
right
by
statute
to
condemn
private
property
or
14
to
otherwise
exercise
the
power
of
eminent
domain,
except
to
15
the
extent
such
purpose
includes
construction
of
hazardous
16
liquid
pipelines
for
the
transportation
or
transmission
of
17
liquefied
carbon
dioxide
or
aboveground
merchant
lines.
For
18
purposes
of
this
subsection,
“utility”
means
a
public
utility
as
19
defined
in
section
306.46,
subsection
2.
20
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
21
importance,
takes
effect
upon
enactment.
22
Sec.
3.
APPLICABILITY.
This
Act
applies
to
condemnation
23
proceedings
for
which
the
application
filed
under
section
6B.3
24
is
filed
on
or
after
the
effective
date
of
the
Act.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
a
utility's
right
to
condemn
29
agricultural
land.
The
bill
provides
that
the
construction
30
of
hazardous
liquid
pipelines
for
the
transportation
or
31
transmission
of
liquefied
carbon
dioxide
is
not
a
public
32
use,
public
purpose,
or
public
improvement
for
purposes
of
33
condemnation
of
agricultural
land
by
a
utility
unless
the
owner
34
of
the
agricultural
land
consents
to
the
condemnation.
Under
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92
current
law,
a
utility
is
excluded
from
the
requirement
to
1
receive
the
consent
of
the
owner
of
agricultural
land
prior
2
to
using
eminent
domain
to
condemn
the
agricultural
land
for
3
private
development
purposes.
4
The
bill
defines
a
utility
as
a
person
or
business
that
5
provides
gas,
electricity,
communications
services,
water,
6
or
sanitary
sewage
or
storm
water
drainage
disposal
to
the
7
public
for
compensation,
and
also
includes
waterworks,
joint
8
water
utilities,
rural
water
districts,
cooperative
water
9
associations,
and
electric
transmission
owners
primarily
10
providing
service
to
public
utilities.
11
The
bill
takes
effect
upon
enactment
and
applies
to
12
condemnation
proceedings
for
which
the
application
is
filed
on
13
or
after
the
effective
date
of
the
bill.
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