479B.16 Eminent domain.
1. A pipeline company granted a pipeline permit 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 granted a permit for underground storage of hazardous liquid 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 hazardous liquid 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 hazardous liquid, and may appropriate other interests in property, as may be required adequately to examine, prepare, maintain, and operate the underground storage facilities.
3. 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.
95 Acts, ch 192, §43; 2018 Acts, ch 1041, §127
Structure Iowa Code
Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES
Section 479B.1 - Purpose — authority.
Section 479B.3 - Conditions attending operation.
Section 479B.4 - Application for permit — informational meeting — notice.
Section 479B.6 - Hearing — notice.
Section 479B.8 - Examination — testimony.
Section 479B.9 - Final order — condition.
Section 479B.10 - Costs and fees.
Section 479B.11 - Inspection fee.
Section 479B.12 - Use of funds.
Section 479B.13 - Financial condition of permittee — bond.
Section 479B.14 - Permits — limitations — sale or transfer — records — extension.
Section 479B.15 - Entry for land surveys.
Section 479B.16 - Eminent domain.
Section 479B.19 - Orders — enforcement.
Section 479B.20 - Land restoration standards.
Section 479B.21 - Civil penalty.
Section 479B.22 - Rehearing — judicial review.
Section 479B.23 - Authorized federal aid.
Section 479B.24 - Cancellation.
Section 479B.25 - Arbitration agreements.
Section 479B.26 - Subsequent pipeline or underground storage facility.
Section 479B.27 - Damage agreement.
Section 479B.28 - Negotiated fee.
Section 479B.29 - Particular damage claims.
Section 479B.30 - Determination of construction damages.
Section 479B.31 - Subsequent tiling.