479B.29 Particular damage claims.
1. Compensable losses shall include, but are not limited to, all of the following:
a. Loss or reduced yield of crops or forage on the pipeline right-of-way, whether caused directly by construction or from disturbance of usual farm operations.
b. Loss or reduced yield of crops or yield from land near the pipeline right-of-way resulting from lack of timely access to the land or other disturbance of usual farm operations, including interference with irrigation.
c. Fertilizer, lime, or organic material applied by the landowner to restore land disturbed by construction to full productivity.
d. Loss of or damage to trees of commercial or other value that occurs at the time of construction, restoration, or at the time of any subsequent work by the pipeline company.
e. The cost of or losses in moving or relocating livestock, and the loss of gain by or the death or injury of livestock caused by the interruption or relocation of normal feeding.
f. Erosion on lands attributable to pipeline construction.
g. Damage to farm equipment caused by striking a pipeline, debris, or other material reasonably associated with pipeline construction while engaged in normal farming operations as defined in section 480.1.
2. A claim for damage for future crop deficiency within the easement strip shall not be precluded from renegotiation under section 6B.52 on the grounds that it was apparent at the time of settlement unless the settlement expressly releases the pipeline company from claims for damage to the productivity of the soil. The landowner shall notify the pipeline company in writing fourteen days prior to harvest in each year to assess crop deficiency.
95 Acts, ch 192, §56, 62; 99 Acts, ch 85, §8, 11
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.