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House
File
657
-
Introduced
HOUSE
FILE
657
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
common
carriers
and
including
effective
date
1
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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657
Section
1.
Section
6A.21,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
Except
as
otherwise
provided,
for
purposes
of
this
3
chapter
and
chapter
6B
:
4
a.
“Aboveground
merchant
line”
means
“merchant
line”
as
5
defined
in
section
478.6A,
subsection
1
,
excluding
those
6
merchant
lines
that
are
underground.
7
b.
“Agricultural
land”
means
real
property
owned
by
a
person
8
in
tracts
of
ten
acres
or
more
and
not
laid
off
into
lots
of
9
less
than
ten
acres
or
divided
by
streets
and
alleys
into
10
parcels
of
less
than
ten
acres,
and
that
has
been
used
for
11
the
production
of
agricultural
commodities
during
three
out
12
of
the
past
five
years.
Such
use
of
property
includes,
but
13
is
not
limited
to,
the
raising,
harvesting,
handling,
drying,
14
or
storage
of
crops
used
for
feed,
food,
seed,
or
fiber;
the
15
care
or
feeding
of
livestock;
the
handling
or
transportation
16
of
crops
or
livestock;
the
storage,
treatment,
or
disposal
17
of
livestock
manure;
and
the
application
of
fertilizers,
18
soil
conditioners,
pesticides,
and
herbicides
on
crops.
19
Agricultural
land
includes
land
on
which
is
located
farm
20
residences
or
outbuildings
used
for
agricultural
purposes
and
21
land
on
which
is
located
facilities,
structures,
or
equipment
22
for
agricultural
purposes.
Agricultural
land
includes
23
land
taken
out
of
agricultural
production
for
purposes
of
24
environmental
protection
or
preservation.
25
c.
“Commodity”
means
any
good
or
article
that
is
the
subject
26
of
trade
or
commerce.
For
purposes
of
this
section,
“commodity”
27
does
not
include
liquefied
carbon
dioxide.
28
d.
“Common
carrier”
means
a
commercial
enterprise
that
holds
29
itself
out
as
ready
to
engage
in
the
transportation
of
goods
30
or
passengers
for
hire,
as
a
public
employment,
and
not
as
a
31
casual
occupation,
and
that
undertakes
to
carry
for
all
persons
32
indifferently,
within
the
limits
of
the
enterprise’s
capacity
33
and
the
sphere
of
business
required
of
it.
For
a
carrier
34
engaged
in
the
transportation
of
a
hazardous
liquid
to
qualify
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as
a
common
carrier,
the
carrier
must
establish
by
clear
and
1
convincing
evidence
that
it
will
transport
a
commodity
for
2
one
or
more
shippers
not
affiliated
with
the
carrier
who
3
will
either
retain
ownership
of
the
commodity
or
sell
the
4
commodity
to
a
party
other
than
the
carrier.
A
common
carrier
5
determination
by
the
federal
energy
regulatory
commission
shall
6
be
controlling
for
purposes
of
this
paragraph.
7
c.
e.
“Private
development
purposes”
means
the
8
construction
of,
or
improvement
related
to,
recreational
9
trails,
recreational
development
paid
for
primarily
with
10
private
funds,
aboveground
merchant
lines,
housing
and
11
residential
development,
or
commercial
or
industrial
enterprise
12
development.
13
d.
f.
“Public
use”
or
“public
purpose”
or
“public
14
improvement”
does
not
include
the
authority
to
condemn
15
agricultural
land
for
private
development
purposes
unless
the
16
owner
of
the
agricultural
land
consents
to
the
condemnation.
17
Sec.
2.
Section
6A.24,
Code
2025,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
4.
Notwithstanding
subsection
3,
an
20
acquiring
agency
proposing
to
acquire
property
by
eminent
21
domain
pursuant
to
a
grant
under
chapter
479B
shall
have
the
22
burden
of
establishing
by
clear
and
convincing
evidence
that
23
the
proposed
use
meets
the
definition
of
a
public
use,
public
24
purpose,
or
public
improvement.
25
Sec.
3.
Section
479B.16,
subsection
1,
Code
2025,
is
amended
26
to
read
as
follows:
27
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
28
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
29
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
30
by
the
commission,
not
exceeding
seventy-five
feet
in
width
for
31
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
32
addition
to
right-of-way
for
the
location
of
pumps,
pressure
33
apparatus,
or
other
stations
or
equipment
necessary
to
the
34
proper
operation
of
its
pipeline.
The
commission
may
grant
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additional
eminent
domain
rights
where
when
the
pipeline
1
company
has
presented
sufficient
evidence
to
adequately
2
demonstrate
that
a
greater
area
is
required
for
the
proper
3
construction,
operation,
and
maintenance
of
the
pipeline
or
for
4
the
location
of
pumps,
pressure
apparatus,
or
other
stations
or
5
equipment
necessary
to
the
proper
operation
of
its
pipeline.
6
Sec.
4.
Section
479B.16,
Code
2025,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
4.
A
pipeline
company
granted
a
pipeline
9
permit
shall
not
be
vested
with
the
right
of
eminent
domain
10
unless
the
pipeline
company
is
a
common
carrier,
as
defined
in
11
section
6A.21.
12
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
Sec.
6.
APPLICABILITY.
This
Act
applies
to
condemnation
15
proceedings
for
which
the
application
filed
under
section
6B.3
16
is
filed
on
or
after
the
effective
date
of
this
Act.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
defines
a
common
carrier
for
purposes
of
Code
21
chapters
6A
(eminent
domain
law)
and
6B
(procedure
under
22
eminent
domain)
as
a
commercial
enterprise
that
transports
23
goods
or
passengers
for
hire
as
a
public
employment.
A
carrier
24
that
transports
hazardous
liquid
only
qualifies
as
a
common
25
carrier
if
the
carrier
transports
a
commodity,
which
is
defined
26
in
the
bill
to
exclude
liquefied
carbon
dioxide,
for
one
or
27
more
shippers
that
are
unaffiliated
with
the
carrier
and
will
28
not
sell
the
hazardous
liquid
to
the
carrier.
The
federal
29
energy
regulatory
commission’s
determination
on
whether
a
30
carrier
qualifies
as
a
common
carrier
is
controlling.
31
Under
current
law,
when
a
property
owner
or
an
acquiring
32
agency
seeks
judicial
review
of
an
exercise
of
eminent
domain,
33
an
acquiring
agency
must
prove
by
a
preponderance
of
the
34
evidence
that
the
definition
of
public
use,
public
purpose,
or
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public
improvement
is
met.
The
bill
provides
that
an
acquiring
1
agency
seeking
to
use
eminent
domain
pursuant
to
a
grant
under
2
Code
chapter
479B
(hazardous
liquid
pipelines
and
storage
3
facilities)
must
prove
by
clear
and
convincing
evidence
that
4
the
exercise
of
eminent
domain
meets
the
definition
of
a
public
5
use,
public
purpose,
or
public
improvement.
6
The
bill
prohibits
a
pipeline
company
from
being
vested
7
with
the
right
of
eminent
domain
unless
the
pipeline
company
8
qualifies
as
a
common
carrier.
9
The
bill
takes
effect
upon
enactment
and
applies
to
10
condemnation
proceedings
for
which
the
application
is
filed
on
11
or
after
the
effective
date
of
the
bill.
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