Bill Text: IA HF561 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the compensation of losses due to the installation of a pipeline on agricultural land.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-01 - Subcommittee Meeting: 03/04/2019 1:30PM House Lounge. [HF561 Detail]
Download: Iowa-2019-HF561-Introduced.html
House
File
561
-
Introduced
HOUSE
FILE
561
BY
ZUMBACH
A
BILL
FOR
An
Act
providing
for
the
compensation
of
losses
due
to
the
1
installation
of
a
pipeline
on
agricultural
land.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
479.45,
subsection
2,
Code
2019,
is
1
amended
to
read
as
follows:
2
2.
a.
A
claim
for
damage
for
future
crop
deficiency
within
3
the
easement
strip
shall
not
be
precluded
from
renegotiation
4
under
section
6B.52
on
the
grounds
that
it
was
apparent
at
the
5
time
of
settlement
unless
the
settlement
expressly
releases
the
6
pipeline
company
from
claims
for
damage
to
the
productivity
of
7
the
soil.
The
landowner
shall
notify
the
company
in
writing
8
fourteen
days
prior
to
harvest
in
each
year
to
assess
crop
9
deficiency.
10
b.
A
landowner
whose
land
was
affected
by
the
installation
11
or
construction
of
a
pipeline,
and
who
has
elected
to
be
12
covered
by
crop
insurance
with
the
federal
crop
insurance
13
corporation
or
a
private
insurer
authorized
to
offer
a
14
multiperil
crop
insurance
line
of
authority
in
this
state
15
may
elect
to
calculate
a
claim
for
damage
caused
by
a
crop
16
deficiency
at
the
end
of
each
crop
year.
The
claim
for
damage
17
shall
be
based
on
the
difference
between
the
average
yield
of
18
the
crop
produced
within
the
easement
strip
and
the
average
19
yield
of
the
same
crop
produced
on
that
portion
of
the
parcel
20
or
parcels
of
real
estate
where
the
easement
strip
is
located,
21
but
excluding
the
easement
strip.
The
average
yield
for
parcel
22
or
parcels
of
real
estate
excluding
the
easement
strip
shall
be
23
deemed
to
be
the
same
as
listed
in
the
landowner’s
insurance
24
policy
for
that
crop
year.
The
landowner
may
continue
to
claim
25
damage
for
five
crop
years
after
the
pipeline
has
been
wholly
26
abandoned.
27
Sec.
2.
Section
479.46,
subsection
1,
Code
2019,
is
amended
28
to
read
as
follows:
29
1.
a.
The
county
board
of
supervisors
shall
determine
30
when
installation
of
a
pipeline
has
been
completed
in
that
31
county
for
the
purposes
of
this
section
.
Not
less
than
ninety
32
days
after
the
completion
of
installation,
and
if
an
agreement
33
cannot
be
made
as
to
damages,
a
landowner
whose
land
was
34
affected
by
the
installation
of
the
pipeline
or
a
pipeline
35
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561
company
may
file
with
the
board
of
supervisors
a
petition
1
asking
that
a
compensation
commission
determine
the
damages
2
arising
from
the
installation
of
the
pipeline.
3
b.
If
the
pipeline
company
files
the
petition
under
this
4
subsection,
the
landowner
shall
receive
a
notice
of
the
5
request
in
the
same
manner
provided
by
the
Iowa
rules
of
civil
6
procedure
for
the
personal
service
of
original
notice.
The
7
landowner
shall
be
deemed
to
have
accepted
any
decision
by
the
8
county
board
of
supervisors
to
approve
the
petition
as
provided
9
in
subsection
2,
unless
the
landowner
responds
by
notifying
the
10
board
of
supervisors
in
writing
of
an
election
to
preserve
the
11
landowner’s
right
to
bring
a
cause
of
action
in
district
court.
12
The
landowner
must
deliver
the
response
to
the
county
board
of
13
supervisors
within
sixty
days
after
receiving
the
notice
of
the
14
petition.
15
Sec.
3.
Section
479A.11,
Code
2019,
is
amended
to
read
as
16
follows:
17
479A.11
Damages.
18
1.
A
pipeline
company
operating
pipelines
or
underground
19
storage
shall
be
given
reasonable
access
to
the
pipelines
and
20
storage
areas
for
the
purpose
of
constructing,
operating,
21
maintaining,
or
locating
their
pipes,
pumps,
pressure
22
apparatus,
or
other
stations,
wells,
devices,
or
equipment
23
used
in
or
upon
a
pipeline
or
storage
area
,
but
.
However,
the
24
pipeline
company
shall
pay
the
owner
of
the
lands
for
the
right
25
of
entry
and
the
owner
of
crops
on
the
land
all
damages
caused
26
by
entering,
using,
or
occupying
the
lands
for
these
purposes;
27
and
shall
pay
to
the
owner
of
the
lands,
after
the
completion
28
of
construction
of
the
pipeline
or
storage,
all
damages
caused
29
by
settling
of
the
soil
along
and
above
the
pipeline,
and
30
wash
or
erosion
of
the
soil
along
the
pipeline
due
to
the
31
construction
of
the
pipeline.
However,
this
32
2.
A
landowner
whose
land
was
affected
by
the
installation
33
or
construction
of
a
pipeline,
and
who
has
elected
to
be
34
covered
by
crop
insurance
with
the
federal
crop
insurance
35
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561
corporation
or
a
private
insurer
authorized
to
offer
a
1
multiperil
crop
insurance
line
of
authority
in
this
state
2
may
elect
to
calculate
a
claim
for
damage
caused
by
a
crop
3
deficiency
at
the
end
of
each
crop
year.
The
claim
for
damage
4
shall
be
based
on
the
difference
between
the
average
yield
of
5
the
crop
produced
within
the
easement
strip
and
the
average
6
yield
of
the
same
crop
produced
on
that
portion
of
the
parcel
7
or
parcels
of
real
estate
where
the
easement
strip
is
located,
8
but
excluding
the
easement
strip.
The
average
yield
for
parcel
9
or
parcels
of
real
estate
excluding
the
easement
strip
shall
be
10
deemed
to
be
the
same
as
listed
in
the
landowner’s
insurance
11
policy
for
that
crop
year.
The
landowner
may
continue
to
claim
12
damage
for
five
crop
years
after
the
pipeline
has
been
wholly
13
abandoned.
14
3.
This
section
does
not
prevent
the
execution
of
an
15
agreement
with
other
terms
between
the
pipeline
company
and
the
16
owner
of
the
land
or
crops
with
reference
to
their
use.
17
Sec.
4.
Section
479B.17,
Code
2019,
is
amended
to
read
as
18
follows:
19
479B.17
Damages.
20
1.
A
pipeline
company
operating
a
pipeline
or
an
21
underground
storage
facility
shall
have
reasonable
access
to
22
the
pipeline
or
underground
storage
facility
for
the
purpose
23
of
constructing,
operating,
maintaining,
or
locating
pipes,
24
pumps,
pressure
apparatus,
or
other
stations,
wells,
devices,
25
or
equipment
used
in
or
upon
the
pipeline
or
underground
26
storage
facility.
A
pipeline
company
shall
pay
the
owner
of
27
the
land
for
the
right
of
entry
and
the
owner
of
crops
for
all
28
damages
caused
by
entering,
using,
or
occupying
the
lands
and
29
shall
pay
to
the
owner
all
damages
caused
by
the
completion
30
of
construction
of
the
pipeline
due
to
wash
or
erosion
of
the
31
soil
at
or
along
the
location
of
the
pipeline
and
due
to
the
32
settling
of
the
soil
along
and
above
the
pipeline.
However,
33
this
34
2.
A
landowner
whose
land
was
affected
by
the
installation
35
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561
or
construction
of
a
pipeline,
and
who
has
elected
to
be
1
covered
by
crop
insurance
with
the
federal
crop
insurance
2
corporation
or
a
private
insurer
authorized
to
offer
a
3
multiperil
crop
insurance
line
of
authority
in
this
state
4
may
elect
to
calculate
a
claim
for
damage
caused
by
a
crop
5
deficiency
at
the
end
of
each
crop
year.
The
claim
for
damage
6
shall
be
based
on
the
difference
between
the
average
yield
of
7
the
crop
produced
within
the
easement
strip
and
the
average
8
yield
of
the
same
crop
produced
on
that
portion
of
the
parcel
9
or
parcels
of
real
estate
where
the
easement
strip
is
located,
10
but
excluding
the
easement
strip.
The
average
yield
for
parcel
11
or
parcels
of
real
estate
excluding
the
easement
strip
shall
be
12
deemed
to
be
the
same
as
listed
in
the
landowner’s
insurance
13
policy
for
that
crop
year.
The
landowner
may
continue
to
claim
14
damage
for
five
crop
years
after
the
pipeline
has
been
wholly
15
abandoned.
16
3.
This
section
does
not
prevent
the
execution
of
an
17
agreement
between
the
pipeline
company
and
the
owner
of
the
18
land
or
crops
with
reference
to
the
use
of
the
land.
19
Sec.
5.
Section
479B.30,
subsection
1,
Code
2019,
is
amended
20
to
read
as
follows:
21
1.
a.
The
county
board
of
supervisors
shall
determine
when
22
construction
of
a
pipeline
or
underground
storage
facility
has
23
been
completed
in
that
county
for
the
purposes
of
this
section
.
24
Not
less
than
ninety
days
after
the
completion
of
construction
25
and
if
an
agreement
cannot
be
made
as
to
damages,
a
landowner
26
whose
land
was
affected
by
the
construction
of
the
pipeline
27
or
underground
storage
facility
or
the
pipeline
company
may
28
file
with
the
board
of
supervisors
a
petition
asking
that
a
29
compensation
commission
determine
the
damages
arising
from
30
construction
of
the
pipeline.
31
b.
If
the
pipeline
company
files
the
petition
under
this
32
subsection,
the
landowner
shall
receive
a
notice
of
the
33
request
in
the
same
manner
provided
by
the
Iowa
rules
of
civil
34
procedure
for
the
personal
service
of
original
notice.
The
35
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561
landowner
shall
be
deemed
to
have
accepted
any
decision
by
the
1
county
board
of
supervisors
to
approve
the
petition
as
provided
2
in
subsection
2,
unless
the
landowner
responds
by
notifying
the
3
board
of
supervisors
in
writing
of
an
election
to
preserve
the
4
landowner’s
right
to
bring
a
cause
of
action
in
district
court.
5
The
landowner
must
deliver
the
response
to
the
county
board
of
6
supervisors
within
sixty
days
after
receiving
the
notice
of
the
7
petition.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
GENERAL.
This
bill
provides
for
a
claim
alleging
a
crop
12
deficiency
within
an
easement
strip
over
agricultural
land
due
13
to
a
pipeline
carrying
a
solid,
liquid,
or
gaseous
substance.
14
The
bill
amends
the
following
three
Code
chapters:
Code
15
chapter
479
governing
intrastate
pipelines,
Code
chapter
479A
16
governing
interstate
pipelines,
and
Code
chapter
479B
governing
17
hazardous
liquid
pipelines.
18
DAMAGE
BASED
ON
INSURANCE
POLICY.
The
bill
provides
that
19
under
each
of
the
three
Code
chapters
the
landowner’s
claim
for
20
damage
may
be
determined
by
calculating
the
difference
between
21
the
average
yield
of
the
crop
produced
within
the
easement
and
22
the
average
yield
for
the
same
crop
produced
on
the
remaining
23
part
of
the
agricultural
land
according
to
the
landowner’s
24
insurance
policy
listing
insurable
crops
for
that
same
crop
25
year.
The
landowner
may
continue
to
claim
damage
for
five
26
successive
years
after
the
pipeline
has
been
abandoned.
27
CLAIM
BROUGHT
IN
DISTRICT
COURT.
The
bill
also
provides
28
that
in
the
case
of
Code
chapter
479
and
Code
chapter
479B
29
a
landowner
may
elect
not
to
utilize
a
proceeding
conducted
30
by
a
compensation
commission
to
determine
damages
caused
by
31
the
installation
of
the
pipeline.
Under
current
law,
either
32
the
landowner
or
the
pipeline
company
may
petition
the
board
33
of
supervisors
in
the
county
where
the
pipeline
is
located
34
to
establish
such
a
commission.
The
bill
provides
that
if
35
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561
the
landowner
receives
a
notice
by
a
pipeline
company
that
1
it
has
filed
such
a
petition,
the
landowner
may
respond
by
2
notifying
the
board
of
the
landowner’s
election
not
to
proceed
3
by
decision
of
the
commission
but
instead
to
preserve
the
4
landowner’s
right
to
bring
a
cause
of
action
in
district
court.
5
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