A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.(Formerly HSB 287 .)

House

File

943

-

Introduced

HOUSE

FILE

943

BY

COMMITTEE

ON

JUDICIARY

(SUCCESSOR

TO

HSB

287)

A

BILL

FOR

An

Act

relating

to

the

exercise

of

eminent

domain

for

the

1

construction

of

hazardous

liquid

pipelines

and

including

2

effective

date

and

applicability

provisions.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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943

Section

1.

Section

6A.21,

subsection

2,

Code

2025,

is

1

amended

to

read

as

follows:

2

2.

The

limitation

on

the

definition

of

public

use,

3

public

purpose,

or

public

improvement

does

not

apply

to

the

4

establishment,

relocation,

or

improvement

of

a

road

pursuant

5

to

chapter

306

,

or

to

the

establishment

of

a

railway

under

the

6

supervision

of

the

department

of

transportation

as

provided

in

7

section

327C.2

,

or

to

an

airport

as

defined

in

section

328.1

,

8

or

to

land

acquired

in

order

to

replace

or

mitigate

land

used

9

in

a

road

project

when

federal

law

requires

replacement

or

10

mitigation.

This

limitation

also

does

not

apply

to

utilities,

11

persons,

companies,

or

corporations

under

the

jurisdiction

12

of

the

Iowa

utilities

commission

or

to

any

other

utility

13

conferred

the

right

by

statute

to

condemn

private

property

or

14

to

otherwise

exercise

the

power

of

eminent

domain,

except

to

15

the

extent

such

purpose

includes

construction

of

hazardous

16

liquid

pipelines

for

the

transportation

or

transmission

of

17

liquefied

carbon

dioxide

or

aboveground

merchant

lines.

For

18

purposes

of

this

subsection,

“utility”

means

a

public

utility

as

19

defined

in

section

306.46,

subsection

2.

20

Sec.

2.

EFFECTIVE

DATE.

This

Act,

being

deemed

of

immediate

21

importance,

takes

effect

upon

enactment.

22

Sec.

3.

APPLICABILITY.

This

Act

applies

to

condemnation

23

proceedings

for

which

the

application

filed

under

section

6B.3

24

is

filed

on

or

after

the

effective

date

of

this

Act.

25

EXPLANATION

26

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

27

the

explanation’s

substance

by

the

members

of

the

general

assembly.

28

This

bill

relates

to

a

utility’s

right

to

condemn

29

agricultural

land.

The

bill

provides

that

the

construction

30

of

hazardous

liquid

pipelines

for

the

transportation

or

31

transmission

of

liquefied

carbon

dioxide

is

not

a

public

32

use,

public

purpose,

or

public

improvement

for

purposes

of

33

condemnation

of

agricultural

land

by

a

utility

unless

the

owner

34

of

the

agricultural

land

consents

to

the

condemnation.

Under

35

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943

current

law,

a

utility

is

excluded

from

the

requirement

to

1

receive

the

consent

of

the

owner

of

agricultural

land

prior

2

to

using

eminent

domain

to

condemn

the

agricultural

land

for

3

private

development

purposes.

4

The

bill

defines

a

utility

as

a

person

or

business

that

5

provides

gas,

electricity,

communications

services,

water,

6

or

sanitary

sewage

or

storm

water

drainage

disposal

to

the

7

public

for

compensation,

and

also

includes

waterworks,

joint

8

water

utilities,

rural

water

districts,

cooperative

water

9

associations,

and

electric

transmission

owners

primarily

10

providing

service

to

public

utilities.

11

The

bill

takes

effect

upon

enactment

and

applies

to

12

condemnation

proceedings

for

which

the

application

is

filed

on

13

or

after

the

effective

date

of

the

bill.

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