Bill Text: IA HF311 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to requiring landowner approval for a pipeline company submitting a request for the right to exercise eminent domain and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-15 - Introduced, referred to Judiciary. H.J. 352. [HF311 Detail]
Download: Iowa-2023-HF311-Introduced.html
House
File
311
-
Introduced
HOUSE
FILE
311
BY
JENEARY
(COMPANION
TO
SF
104
BY
J.
TAYLOR)
A
BILL
FOR
An
Act
relating
to
requiring
landowner
approval
for
a
1
pipeline
company
submitting
a
request
for
the
right
to
2
exercise
eminent
domain
and
including
effective
date
and
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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311
Section
1.
Section
479B.16,
subsection
1,
Code
2023,
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
2023,
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
consent
from
landowners
owning
ninety
21
percent
or
more
of
the
real
estate
parcels
which
shall
be
22
necessary
for
the
project.
The
pipeline
company
shall
submit
23
evidence
of
landowner
approval
to
the
board.
24
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
26
Sec.
4.
APPLICABILITY.
This
Act
applies
to
a
pipeline
27
company
that
has
yet
to
be
granted
a
permit
from
the
utilities
28
board
on
or
after
the
effective
date
of
the
Act.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
a
pipeline
company
seeking
eminent
33
domain
rights
for
a
pipeline
construction
project.
34
The
bill
requires
a
pipeline
company
seeking
to
use
eminent
35
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2
H.F.
311
domain
to
acquire
approval
from
landowners
owning
90
percent
1
of
the
land
which
shall
be
necessary
for
the
project.
The
2
pipeline
company
shall
submit
evidence
of
landowner
approval
3
to
the
utilities
board
within
the
utilities
division
of
the
4
department
of
commerce.
5
The
bill
takes
effect
upon
enactment.
The
bill
applies
to
6
pipeline
companies
without
a
permit
from
the
board
on
or
after
7
the
effective
date
of
the
bill.
8
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