479.24 Eminent domain.
1. A pipeline company granted a pipeline permit under this chapter shall 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.
2. A pipeline company having secured a permit for underground storage of gas shall be vested with the right of eminent domain to the extent necessary and as prescribed and approved by the board in order to appropriate for its use for the underground storage of gas any subsurface stratum or formation in any land which the board shall have found to be suitable and in the public interest for the underground storage of gas, and may appropriate other interests in property, as may be required to adequately examine, prepare, maintain, and operate the underground gas storage facilities. This chapter does not authorize the construction of a pipeline longitudinally on, over, or under any railroad right-of-way or public highway, or at other than an approximate right angle to a railroad track or public highway without the consent of the railroad company, the state department of transportation, or the county board of supervisors, and this chapter does not authorize or give the right of condemnation or eminent domain for such purposes.
[C31, §8338-d23; C35, §8338-f38; C39, §8338.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.25; C77, 79, 81, §479.24]
95 Acts, ch 192, §9; 2018 Acts, ch 1041, §127
*See Mid-America Pipeline Company v. Iowa State Commerce Commission, 253 Iowa 1143 (1962)
Eminent domain, chapters 6A and 6B
Structure Iowa Code
Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE
Section 479.1 - Purpose — applicability.
Section 479.3 - Conditions attending operation.
Section 479.4 - Dangerous construction — inspection.
Section 479.5 - Application for permit.
Section 479.7 - Hearing — notice.
Section 479.8 - Time and place.
Section 479.11 - Examination — testimony.
Section 479.12 - Final order — condition.
Section 479.13 - Costs and fees.
Section 479.14 - Inspection fee.
Section 479.15 - Failure to pay.
Section 479.16 - Receipt of funds.
Section 479.19 - Limitation on grant.
Section 479.20 - Sale of permit.
Section 479.21 - Transfer of permit.
Section 479.23 - Extension of permit.
Section 479.24 - Eminent domain.
Section 479.26 - Financial condition of permittee — bond.
Section 479.28 - Orders — enforcement.
Section 479.29 - Land restoration.
Section 479.30 - Entry for land surveys.
Section 479.31 - Civil penalty.
Section 479.32 - Rehearing — judicial review.
Section 479.33 - Authorized federal aid.
Section 479.34 - Cancellation.
Section 479.41 - Arbitration agreements.
Section 479.42 - Subsequent pipelines.
Section 479.43 - Damage agreement.
Section 479.44 - Negotiated fee.
Section 479.45 - Particular damage claims.
Section 479.46 - Determination of installation damages.
Section 479.47 - Subsequent tiling.