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House Study Bill 145 - IntroducedA Bill ForAn Act 1relating to public utility crossings of railroad
2rights-of-way.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 476.27, subsection 1, paragraphs g and h,
2Code 2019, are amended to read as follows:
3g. “Railroad” or “railroad corporation” means a railroad
4corporation as defined in section 321.1, which is the
5owner, operator, occupant, manager, or agent of a railroad
6right-of-way or the railroad corporation’s successor in
7interest any other entity created by a railroad. “Railroad” and
8“railroad corporation” include an interurban railway.
9h. “Railroad right-of-way” means one or more of the
10following:
11(1) A right-of-way or other interest in real estate that is
12owned or operated by a railroad corporation, the trustees of a
13railroad corporation, or the successor in interest of any other
14entity created by a railroad corporation.
15(2) A right-of-way or other interest in real estate that is
16occupied or managed by or on behalf of a railroad corporation,
17the trustees of a railroad corporation, or the successor in
18interest of any other entity created by a railroad corporation,
19including an abandoned railroad right-of-way that has not
20otherwise reverted pursuant to chapter 327G.
21(3) Another interest in a former railroad right-of-way that
22has been acquired or is operated by a land management company
23or similar entity.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill modifies certain definitions in Code section
28476.27, which prescribes conditions relating to the crossing
29of railroad rights-of-way by public utilities. Code section
30476.27 defines “railroad” or “railroad corporation” to
31mean a railroad corporation which is the owner, operator,
32occupant, manager, or agent of a railroad right-of-way or
33successor in interest. “Railroad right-of-way” is defined
34to mean one or more of the following: a right-of-way or
35other interest in real estate that is owned or operated by a
-1-1railroad corporation, its trustees, or successor in interest; a
2right-of-way or other interest in real estate that is occupied
3or managed by or on behalf of a railroad corporation, its
4trustees, or successor in interest; or another interest in
5a former railroad right-of-way that has been acquired or is
6operated by a land management company or similar entity.
7The bill modifies the definitions of “railroad” and
8“railroad right-of-way” in Code section 476.27 by replacing
9references to a railroad corporation’s “successor in
10interest” with references to “any other entity created by a
11railroad”. The bill also removes interests in former railroad
12rights-of-way acquired or operated by land management companies
13from the definition of “railroad right-of-way”.
-2-gh/rn
2rights-of-way.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 476.27, subsection 1, paragraphs g and h,
2Code 2019, are amended to read as follows:
3g. “Railroad” or “railroad corporation” means a railroad
4corporation as defined in section 321.1, which is the
5owner, operator, occupant, manager, or agent of a railroad
6right-of-way or the railroad corporation’s successor in
7interest any other entity created by a railroad. “Railroad” and
8“railroad corporation” include an interurban railway.
9h. “Railroad right-of-way” means one or more of the
10following:
11(1) A right-of-way or other interest in real estate that is
12owned or operated by a railroad corporation, the trustees of a
13railroad corporation, or the successor in interest of any other
14entity created by a railroad corporation.
15(2) A right-of-way or other interest in real estate that is
16occupied or managed by or on behalf of a railroad corporation,
17the trustees of a railroad corporation, or the successor in
18interest of any other entity created by a railroad corporation,
19including an abandoned railroad right-of-way that has not
20otherwise reverted pursuant to chapter 327G.
21(3) Another interest in a former railroad right-of-way that
22has been acquired or is operated by a land management company
23or similar entity.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill modifies certain definitions in Code section
28476.27, which prescribes conditions relating to the crossing
29of railroad rights-of-way by public utilities. Code section
30476.27 defines “railroad” or “railroad corporation” to
31mean a railroad corporation which is the owner, operator,
32occupant, manager, or agent of a railroad right-of-way or
33successor in interest. “Railroad right-of-way” is defined
34to mean one or more of the following: a right-of-way or
35other interest in real estate that is owned or operated by a
-1-1railroad corporation, its trustees, or successor in interest; a
2right-of-way or other interest in real estate that is occupied
3or managed by or on behalf of a railroad corporation, its
4trustees, or successor in interest; or another interest in
5a former railroad right-of-way that has been acquired or is
6operated by a land management company or similar entity.
7The bill modifies the definitions of “railroad” and
8“railroad right-of-way” in Code section 476.27 by replacing
9references to a railroad corporation’s “successor in
10interest” with references to “any other entity created by a
11railroad”. The bill also removes interests in former railroad
12rights-of-way acquired or operated by land management companies
13from the definition of “railroad right-of-way”.
-2-gh/rn