479.41 Arbitration agreements.
1. If an easement or other written agreement between a landowner and a pipeline company provides for the determination through arbitration of the amount of monetary damages sustained by a landowner and caused by the construction, maintenance, or repair of a pipeline, and if either party has not appointed its arbitrator or agreed to an arbitrator under the agreement within thirty days after the other party has invoked the arbitration provisions of the agreement by written notice to the other party by restricted certified mail, the landowner or the pipeline company may petition a judicial magistrate in the county where the real property is located for the appointment of an arbitrator to serve in the stead of the arbitrator who would have been appointed or agreed to by the other party. Before filing the petition the landowner or pipeline company shall give notice of the petitioning of the judicial magistrate by restricted certified mail to the other party and file proof of mailing with the petition. If after hearing, the magistrate finds that the landowner or pipeline company has not been diligent in appointing or reasonable in agreeing to an arbitrator, the magistrate shall appoint an impartial arbitrator who shall have all of the powers and duties of an arbitrator appointed or agreed to by the other party under the agreement.
2. For purposes of this section only, “landowner” means the persons who signed the easement or other written agreement, their heirs, successors, and assigns.
[81 Acts, ch 159, §2, 3]
95 Acts, ch 192, §15; 2018 Acts, ch 1041, §127
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.