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SF2067 • 2026

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
KLIMESH
Last action
2026-01-29
Official status
Subcommittee recommends passage.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

What This Bill Does

  • A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-29 Iowa Legislature

    Subcommittee recommends passage.

  2. 2026-01-28 Iowa Legislature

    Subcommittee Meeting: 01/29/2026 11:00AM Room G15.

  3. 2026-01-28 Iowa Legislature

    Subcommittee reassigned: Bousselot, Klimesh, and Petersen. S.J. 159 .

  4. 2026-01-22 Iowa Legislature

    Subcommittee: Klimesh, Bousselot, and Petersen. S.J. 132 .

  5. 2026-01-20 Iowa Legislature

    Introduced, referred to Commerce. S.J. 113 .

Official Summary Text

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

Current Bill Text

Read the full stored bill text
Senate

File

2067

-

Introduced

SENATE

FILE

2067

BY

KLIMESH

A

BILL

FOR

An

Act

relating

to

easements

for

hazardous

liquid

pipelines,

1

including

negotiation

requirements,

eminent

domain

2

authorization,

and

contract

execution,

and

including

3

effective

date,

applicability,

and

retroactive

applicability

4

provisions.

5

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

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Section

1.

NEW

SECTION

.

479B.1A

Legislative

intent.

1

It

is

the

goal

of

the

general

assembly

that

the

right

of

2

eminent

domain

will

not

be

granted

for

a

hazardous

liquid

3

pipeline

except

when

every

other

reasonably

available

4

alternative

has

been

diligently

exhausted.

Further

goals

of

5

the

general

assembly

are

to

promote

the

production

of

energy,

6

derived

from

crops

grown

and

resources

gathered

within

the

7

state

of

Iowa,

and

elsewhere

within

the

United

States,

to

8

ensure

long-term,

economically

competitive

and

diverse

sources

9

of

energy

for

Iowans,

for

citizens

of

the

United

States,

10

and

for

our

customers

abroad;

to

support

agriculture

in

the

11

state

of

Iowa,

and

the

employment

of

Iowans

in

agricultural

12

work

and

in

affiliated

industries;

to

encourage

investment

13

in

Iowa

agriculture,

and

in

the

facilities

needed

to

process

14

our

produce

and

to

deliver

useful

products

to

consumers;

to

15

provide

reasonable

conditions

for

the

planning

and

construction

16

of

linear

infrastructure

projects

that

will

serve

the

public

17

convenience

and

necessity;

and

to

vindicate

and

safeguard

the

18

property

rights

of

all

Iowans,

including

those

who

prefer

not

19

to

accommodate

the

construction

of

a

pipeline

on

their

land,

20

as

well

as

those

who

would

choose

to

convey

an

easement

for

21

valuable

consideration

in

a

voluntary

transaction.

22

Sec.

2.

Section

479B.2,

Code

2026,

is

amended

by

adding

the

23

following

new

subsection:

24

NEW

SUBSECTION

.

6.

“Voluntary

easement

corridor”

means

land

25

within

the

county

where

an

informational

meeting

is

held

or

26

within

a

distance

of

five

miles

on

either

side

of

a

proposed

27

pipeline

route.

28

Sec.

3.

Section

479B.4,

subsections

5

and

6,

Code

2026,

are

29

amended

to

read

as

follows:

30

5.

a.

The

notice

shall

set

forth

include

the

following:

31

(1)

The

name

of

the

applicant.

32

(2)

The

applicant’s

principal

place

of

business.

33

(3)

The

general

description

and

purpose

of

the

proposed

34

project.

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(4)

The

general

nature

of

the

right-of-way

desired.

1

(5)

A

map

showing

the

route

or

location

of

the

proposed

2

project.

3

(6)

That

A

statement

that

the

landowner

has

a

right

to

4

be

present

at

the

meeting

and

to

file

objections

with

the

5

commission.

6

(7)

A

designation

of

the

time

and

place

of

the

meeting.

7

(8)

A

copy

of

the

template

easement

to

be

used

for

acquiring

8

land

for

the

project.

9

(9)

A

description

of

the

methodology

to

be

used

in

10

determining

the

value

of

the

easement

for

initial

offers.

11

(10)

A

statement

of

the

policy

for

claiming

damages.

12

b.

The

notice

shall

be

served

by

certified

mail

with

13

return

receipt

requested

not

less

than

thirty

days

previous

14

to

the

time

set

for

the

meeting,

and

shall

be

published

once

15

in

a

newspaper

of

general

circulation

in

the

county.

The

16

publication

shall

be

considered

notice

to

landowners

whose

17

residence

is

not

known

and

to

each

person

in

possession

of

or

18

residing

on

the

property

provided

a

good

faith

effort

to

notify

19

can

be

demonstrated

by

the

pipeline

company.

20

6.

A

pipeline

company

seeking

rights

under

this

chapter

21

shall

not

negotiate

or

purchase

an

easement

or

other

interest

22

in

land

in

a

county

known

to

be

affected

by

the

proposed

23

project

prior

to

the

informational

meeting.

Nothing

in

this

24

subsection

shall

prohibit

a

company

seeking

rights

under

this

25

chapter

from

holding

a

meeting

to

provide

general

information

26

regarding

a

project

to

a

community

that

does

not

include

27

negotiating

specific

terms

with

specific

landowners

prior

to

28

the

informational

meeting

required

by

this

section.

29

Sec.

4.

Section

479B.4,

Code

2026,

is

amended

by

adding

the

30

following

new

subsection:

31

NEW

SUBSECTION

.

7.

Any

person

may

file

with

the

commission

32

comments

regarding

the

terms

of

the

template

easement

or

33

valuation

methodology

within

fifteen

days

after

it

is

filed

34

under

subsection

5.

The

company

may

file

responses

to

such

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comments

within

thirty

days

after

its

filings

pursuant

to

1

subsection

5.

The

commission

shall

issue

an

order

accepting,

2

rejecting,

or

requiring

modification

of

the

template

easement

3

and

valuation

methodology

no

more

than

sixty

days

after

4

they

are

filed.

This

process

shall

not

delay

either

the

5

informational

meetings

or

the

company’s

ability

to

negotiate

6

with

landowners,

but

no

easement

shall

be

finalized

before

the

7

template

easement

is

approved.

8

Sec.

5.

Section

479B.16,

Code

2026,

is

amended

by

adding

the

9

following

new

subsections:

10

NEW

SUBSECTION

.

4.

a.

Following

the

public

informational

11

meeting

held

pursuant

to

section

479B.4

and

proper

publication

12

of

notice

required

by

section

479B.4,

subsection

5,

paragraph

13

“b”

,

a

pipeline

company

may

communicate

with

owners

of

record

14

of

any

land

within

the

voluntary

easement

corridor

for

the

15

purpose

of

proposing

voluntary

transactions

for

the

conveyance

16

of

easements

for

the

project,

without

regard

to

whether

such

17

landowner

received

prior

notice

by

mail.

The

pipeline

company

18

shall

not

be

required

to

provide

to

such

landowners

prior

19

individual

notice

of

the

proposed

project

before

initiating

20

communication.

21

b.

Before

entering

into

a

voluntary

agreement

with

a

22

landowner

who

did

not

receive

notice

of

the

informational

23

meeting

by

mail,

the

pipeline

company

shall

provide

such

24

landowner

copies

of

the

informational

meeting

materials

25

presented

by

the

commission,

the

consumer

advocate,

and

the

26

company

seeking

rights

under

this

chapter.

27

c.

In

a

pipeline

company’s

initial

communication

with

a

28

landowner,

the

company

shall

provide

a

written

description

of

29

the

opt-out

procedure

described

in

paragraph

“d”

.

30

d.

A

landowner

may

decline

further

communication

with

a

31

pipeline

company

concerning

a

possible

transaction

for

easement

32

rights

by

providing

verbal

or

written

notice

to

the

pipeline

33

company

that

states

the

landowner

does

not

wish

to

discuss

the

34

matter

further,

and

by

submitting

to

the

commission

notice

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through

mail

or

by

electronic

means

stating

the

same.

Upon

1

receipt

of

such

notice

from

the

landowner,

the

commission

shall

2

forward

a

copy

to

the

pipeline

company.

Such

notice

may

be

3

given

up

to

seven

calendar

days

after

the

time

a

landowner

is

4

provided

with

a

written

easement

offer.

5

e.

After

receipt

of

notice

by

the

landowner

pursuant

to

6

paragraph

“d”

,

the

pipeline

company

shall

not

initiate

further

7

contact

with

the

landowner

for

the

purpose

of

an

easement

8

transaction,

except

that

the

company

may

send

one

or

more

9

letters

by

certified

mail

to

the

landowner

making

an

offer

or

10

soliciting

further

communication.

A

landowner

may

rescind

such

11

refusal

by

contacting

the

pipeline

company

and

notifying

the

12

commission

no

later

than

seven

calendar

days

after

the

notice

13

of

refusal.

Unless

the

landowner

rescinds

the

refusal,

the

14

landowner’s

land

shall

be

deemed

unavailable

for

an

easement

15

agreement.

16

NEW

SUBSECTION

.

5.

a.

This

subsection

shall

apply

only

17

to

a

hazardous

liquid

pipeline

for

which

a

pipeline

company

18

requests

authority

to

use

eminent

domain

to

acquire

interests

19

in

land.

20

b.

For

a

hazardous

liquid

pipeline

that

is

proposed

to

21

exceed

twenty

miles

in

length

within

the

state,

the

pipeline

22

company

shall

make

a

diligent

effort

to

assemble

a

route

23

consisting

exclusively

of

easements

within

the

voluntary

24

easement

corridor

that

are

acquired

through

voluntary

25

conveyances.

A

pipeline

company

shall

not

be

eligible

to

26

request

authority

to

use

eminent

domain

except

upon

a

showing

27

to

the

commission

that

it

has

made

such

diligent

effort.

28

c.

After

initiating

communication

with

a

landowner

29

pursuant

to

subsection

4,

a

pipeline

company

shall

provide

a

30

landowner

with

a

description

of

the

proposed

project

and

the

31

easement

rights

the

company

seeks

to

acquire,

and

shall

request

32

permission

to

conduct

a

civil

survey.

If

the

permission

for

a

33

civil

survey

is

granted,

the

pipeline

company

shall

conduct

the

34

civil

survey

within

ninety

business

days.

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d.

If

a

civil

survey

conducted

pursuant

to

paragraph

“c”

1

finds

the

land

is

not

suitable

for

purposes

of

the

project,

2

the

pipeline

company

shall

promptly

provide

the

landowner

3

with

written

notice

of

this

finding

and

shall

file

with

the

4

commission

a

copy

of

the

notice.

Otherwise,

within

ninety

5

business

days

of

the

completion

of

the

civil

survey,

the

6

pipeline

company

may

submit

to

the

landowner

a

written

offer

7

for

purchase

of

the

easement.

The

pipeline

company

shall,

8

before

filing

an

application

requesting

eminent

domain,

submit

9

such

an

offer

to

the

owners

of

land

that

might

be

used

to

10

assemble

a

route

not

including

the

land

for

which

eminent

11

domain

is

requested.

The

offer

shall

include

customary

terms

12

and

conditions

for

the

conveyance

of

easements,

and

shall

also

13

include

all

of

the

following:

14

(1)

A

statement

of

the

requirements

applicable

under

the

15

laws

of

this

state

and

rules

adopted

by

the

commission

relating

16

to

the

construction,

operation,

and

maintenance

of

a

hazardous

17

liquid

pipeline

upon

land

subject

to

the

proposed

easement,

18

including

land

restoration,

tile

repair,

and

damages.

19

(2)

A

statement

that

the

landowner

and

the

pipeline

company

20

may

agree

to

different

terms

not

contrary

to

Iowa

law,

but

that

21

such

provisions

shall

be

set

forth

expressly

in

a

contract

for

22

conveyance

of

an

easement.

23

(3)

An

offer

of

cash

compensation

for

the

easement,

which

24

may

differ

in

amount

from

the

compensation

offered

to

other

25

landowners

for

easements

of

similar

dimensions

on

similar

land.

26

e.

The

pipeline

company

shall

seek

to

execute

contracts

27

for

the

voluntary

conveyance

of

easements

within

one

year

of

28

initial

communication

with

the

landowners

within

a

particular

29

county.

If,

however,

after

no

less

than

six

months,

the

30

company

is

unable

to

execute

contracts

for

easements

sufficient

31

to

assemble

a

route

for

the

pipeline,

the

company

shall

32

file

with

the

commission

a

notice

setting

forth

all

of

the

33

following:

34

(1)

The

parcels

for

which

the

company

has

failed

to

reach

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easement

agreements

and

for

which

eminent

domain

is

sought,

or

1

that

would,

if

an

easement

were

granted,

provide

an

alternative

2

to

each

eminent

domain

parcel,

and

the

names

of

the

owners

of

3

those

parcels.

4

(2)

A

list

of

the

contacts

made

relating

to

each

parcel

5

identified

in

subparagraph

(1),

including

the

date

and

method

6

of

each

contact,

and

a

brief

description

of

any

issues

causing

7

an

impasse

for

that

parcel.

8

(3)

Either

a

request

for

an

extension

for

further

9

negotiations

or

a

statement

that

no

agreement

can

be

reached

10

for

that

parcel.

11

f.

All

data

in

the

filing

made

under

paragraph

“e”

shall

12

be

held

confidential

and

shall

not

be

subject

to

disclosure

in

13

response

to

a

request

under

chapter

22.

14

g.

For

any

easement

that

the

pipeline

company

seeks

to

15

acquire

using

eminent

domain,

the

company

shall

file

with

the

16

commission

all

of

the

following:

17

(1)

Evidence

establishing

that

the

company

diligently

18

exhausted

all

alternatives

to

assemble

a

continuous

route

19

for

the

project

exclusively

by

means

of

voluntarily

conveyed

20

easements,

and

that

it

was

unable

to

do

so

for

one

or

more

of

21

the

following

reasons:

22

(a)

Inability

to

obtain

voluntary

agreements

for

continuous

23

easements

on

adjoining

parcels

within

a

county

where

an

24

informational

meeting

was

held,

or

outside

that

county

but

25

within

five

miles

of

the

center

line

of

the

proposed

pipeline

26

route

in

that

county,

due

to

rejection

by

landowners

of

offers

27

based

on

a

valuation

methodology

approved

by

the

commission,

or

28

due

to

the

refusal

of

landowners

to

engage

in

communications

29

with

the

company

pursuant

to

subsection

4,

paragraph

“d”

.

30

(b)

Technical

or

engineering

infeasibility

of

construction

31

in

a

specific

location

due

to

terrain,

other

natural

features,

32

or

land

conditions.

33

(c)

Infeasibility

of

compliance

with

safety

requirements

34

relating

to

construction,

operation,

or

maintenance

of

a

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pipeline,

under

applicable

federal

law

or

rules,

in

a

specified

1

location,

due

to

terrain,

other

natural

features

or

land

2

conditions,

presence

of

occupied

or

other

man-made

structures,

3

or

if

the

commission

finds

on

engineering

evidence

that

4

safety

would

otherwise

be

adversely

impacted

by

a

route

using

5

only

voluntary

easements

and

such

safety

would

be

materially

6

improved

by

use

of

a

route

facilitated

by

eminent

domain.

7

(d)

Economic

infeasibility

of

the

pipeline

due

to

excessive

8

easement

acquisition

costs

for

alternative

routes

to

avoid

the

9

use

of

eminent

domain.

For

purposes

of

this

subparagraph,

10

economic

infeasibility

shall

be

shown

by

clear

and

convincing

11

evidence.

12

(2)

A

statement

setting

forth

why

the

company

requires

an

13

easement

on

the

specific

parcel

for

which

the

company

seeks

14

eminent

domain.

15

h.

Deadlines

established

by

subsection

4

and

this

subsection

16

shall

be

subject

to

extension

by

the

commission

upon

a

showing

17

of

good

cause.

18

Sec.

6.

EFFECTIVE

DATE.

This

Act,

being

deemed

of

immediate

19

importance,

takes

effect

upon

enactment.

20

Sec.

7.

APPLICABILITY

——

RETROACTIVE

APPLICABILITY.

21

1.

Except

as

provided

in

subsection

2,

this

Act

applies

to

22

the

construction

of

any

hazardous

liquid

pipeline

for

which

a

23

petition

is

filed

on

or

after

the

effective

date

of

this

Act.

24

2.

a.

Except

as

provided

in

paragraph

“b”,

this

Act

applies

25

retroactively

to

the

construction

of

any

hazardous

liquid

26

pipeline

designed

for

the

transportation

of

liquefied

carbon

27

dioxide

for

which

a

petition

is

filed

under

chapter

479B

on

or

28

after

January

1,

2024.

29

b.

The

portion

of

the

section

of

this

Act

enacting

30

section

479B.16,

subsection

4,

applies

retroactively

to

the

31

construction

of

pipelines

designed

for

the

transportation

of

32

liquefied

carbon

dioxide

for

which

a

petition

was

filed

under

33

chapter

479B

on

or

after

January

1,

2022.

34

EXPLANATION

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The

inclusion

of

this

explanation

does

not

constitute

agreement

with

1

the

explanation’s

substance

by

the

members

of

the

general

assembly.

2

This

bill

relates

to

easements

for

hazardous

liquid

3

pipelines,

including

negotiation

requirements,

eminent

domain

4

authorization,

and

contract

execution.

5

The

bill

states

as

the

goal

of

the

general

assembly

that

the

6

right

of

eminent

domain

will

not

be

granted

for

a

hazardous

7

liquid

pipeline

except

when

every

other

reasonably

available

8

alternative

has

been

diligently

exhausted.

Further

stated

9

goals

include

promoting

the

production

of

energy,

supporting

10

agriculture

in

the

state

of

Iowa

and

the

employment

of

11

Iowans

in

agricultural

work,

encouraging

investment

in

Iowa

12

agriculture,

providing

reasonable

conditions

for

the

planning

13

and

construction

of

linear

infrastructure

projects,

and

14

vindicating

and

safeguarding

the

property

rights

of

all

Iowans.

15

Under

current

law,

a

pipeline

company

seeking

a

permit

16

for

a

new

hazardous

liquid

pipeline

must

give

notice

of

17

the

informational

meeting

to

each

landowner

affected

by

the

18

proposed

project

and

each

person

in

possession

of

or

residing

19

on

the

property.

The

notice

must

contain

certain

information.

20

The

bill

provides

that,

in

addition

to

the

currently

required

21

information,

a

copy

of

the

template

easement

to

be

used

22

for

acquiring

land

for

the

project,

a

description

of

the

23

methodology

to

be

used

in

determining

the

value

of

the

easement

24

for

initial

offers,

and

a

statement

of

the

policy

for

claiming

25

damages

must

be

included

in

the

notice.

26

The

bill

allows

any

person

to

file

comments

with

the

27

commission

regarding

the

template

easement

or

valuation

28

methodology

within

15

days

of

the

filing,

and

allows

the

29

pipeline

company

to

respond

to

the

comments

within

30

days

of

30

the

company’s

filing.

31

The

bill

requires

the

commission

to

issue

an

order

32

accepting,

rejecting,

or

requiring

modification

of

the

template

33

easement

or

valuation

methodology

within

60

days

of

the

34

filing.

The

bill

provides

that

the

process

of

evaluating

the

35

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template

easement

and

valuation

methodology

must

not

delay

the

1

informational

meeting

or

the

company’s

ability

to

negotiate

2

with

landowners,

but

stipulates

that

no

easement

can

be

3

finalized

until

the

template

easement

is

approved.

4

The

bill

allows

a

pipeline

company

to

communicate

for

5

easement

negotiations

with

landowners

within

the

county

where

6

an

informational

meeting

is

held

or

within

a

five-mile

corridor

7

of

a

proposed

pipeline

following

a

public

information

meeting

8

regardless

of

whether

the

landowner

received

prior

notice

by

9

mail.

The

bill

states

individual

notice

to

landowners

prior

to

10

initiating

communication

is

not

required

by

a

pipeline

company.

11

The

bill

requires

the

pipeline

company

to

provide

landowners

12

who

did

not

receive

notice

of

the

informational

meeting

by

mail

13

copies

of

the

informational

meeting

materials

presented

by

the

14

commission,

the

consumer

advocate,

and

the

company.

15

The

bill

requires

a

pipeline

company

to

provide

a

written

16

description

of

the

opt-out

procedure

during

the

initial

17

communication

between

the

company

and

the

landowner.

The

18

bill

requires

the

pipeline

company

to

provide

landowners

19

who

did

not

receive

notice

of

the

informational

meeting

by

20

mail

copies

of

the

informational

meeting

materials

presented

21

by

the

commission,

the

consumer

advocate,

and

the

company.

22

The

opt-out

procedure

allows

a

landowner

to

decline

further

23

communication

with

the

company.

To

initiate

this

opt-out

24

procedure,

the

landowner

must

inform

the

pipeline

company

25

through

verbal

or

written

notice

and

send

the

Iowa

utilities

26

commission

(commission)

a

communication

through

mail

or

by

27

electronic

means

indicating

the

landowner’s

intent

to

opt

28

out.

The

bill

requires

the

notice

to

be

sent

within

seven

29

days

from

the

time

the

landowner

is

provided

with

a

written

30

easement

offer.

The

bill

directs

the

commission

to

forward

31

the

communication

from

the

landowner

to

the

company.

Once

the

32

pipeline

company

has

received

notice

by

the

landowner

of

the

33

landowner’s

intent

to

opt

out,

the

bill

prohibits

the

pipeline

34

company

from

initiating

any

further

contact

with

the

landowner

35

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for

the

purpose

of

an

easement

transaction,

except

that

the

1

company

may

send

one

or

more

letters

by

certified

mail

to

the

2

landowner

making

an

offer

or

soliciting

further

communication.

3

The

opt

out

may

be

rescinded

by

the

landowner

by

notifying

4

the

pipeline

company

and

the

commission

and

must

be

received

5

within

seven

calendar

days

after

the

notice

of

refusal.

The

6

bill

provides

that

unless

the

landowner

rescinds

the

refusal,

7

the

landowner’s

land

is

deemed

unavailable

for

an

easement

8

agreement.

9

The

bill

provides

that

certain

requirements

are

only

10

applicable

to

a

hazardous

liquid

pipeline

for

which

a

pipeline

11

company

requests

authority

to

use

eminent

domain

to

acquire

12

interests

in

land.

13

The

bill

requires

a

pipeline

company

proposing

a

hazardous

14

liquid

pipeline

exceeding

20

miles

in

length

within

the

state

15

of

Iowa

to

make

a

diligent

effort

to

assemble

a

route

made

16

exclusively

of

voluntary

easements.

A

company

will

not

be

17

eligible

to

request

the

authority

of

eminent

domain

unless

a

18

diligent

effort

is

shown

to

the

commission.

19

The

bill

requires

a

pipeline

company

to

provide

to

the

20

landowner

a

description

of

the

proposed

project

and

the

21

easement

rights

the

company

seeks

to

acquire,

and

request

22

permission

to

conduct

a

civil

survey

after

initiating

23

communication

with

a

landowner

to

acquire

an

easement.

24

If

a

civil

survey

is

conducted

and

the

land

is

found

25

unsuitable

for

the

pipeline,

the

bill

requires

the

company

26

to

provide

the

landowner

written

notice

of

the

finding

and

27

file

a

copy

of

the

notice

with

the

commission.

Otherwise,

the

28

bill

allows

the

company

to

submit

to

the

landowner

a

written

29

offer

for

purchase

of

an

easement

within

90

business

days

after

30

completion

of

the

civil

survey.

The

bill

directs

that

before

31

filing

an

application

requesting

eminent

domain,

the

pipeline

32

company

must

submit

such

offer

to

the

owner

of

the

land

that

33

might

be

used

to

assemble

a

route

not

including

that

land

for

34

which

eminent

domain

is

requested.

The

bill

requires

any

offer

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to

include

customary

terms

and

conditions

of

conveyance

of

1

easements,

along

with

a

statement

of

relevant

requirements

2

under

state

law

and

commission

rules,

a

statement

that

the

3

landowner

and

the

pipeline

company

may

agree

to

different

terms

4

that

will

be

expressly

stated

in

the

contract,

and

an

offer

of

5

cash

compensation,

which

may

differ

from

those

offered

to

other

6

landowners.

7

The

bill

requires

a

pipeline

company

to

seek

execution

8

of

contracts

for

voluntary

easements

within

one

year

of

the

9

initial

communication

with

the

landowners

within

a

particular

10

county.

If

after

no

less

than

six

months

the

company

has

been

11

unable

to

execute

sufficient

easement

contracts

to

assemble

a

12

route,

the

bill

directs

the

company

to

file

with

the

commission

13

a

notice

that

must

include

the

parcels

for

which

no

agreement

14

was

reached

and

for

which

eminent

domain

is

sought,

or

that

15

would,

if

an

easement

were

granted,

provide

an

alternative

to

16

each

eminent

domain

parcel,

the

names

of

the

owners

of

the

17

parcels,

a

list

of

contacts

made

relating

to

each

previously

18

identified

parcel

that

includes

the

date

and

method

of

each

19

contact

and

a

brief

description

of

the

issues

causing

an

20

impasses

for

that

parcel,

and

either

a

request

for

extension

21

to

further

negotiate

or

a

statement

that

no

agreement

can

be

22

reached

for

each

parcel.

The

bill

directs

this

data

to

be

held

23

confidential

and

such

data

is

not

subject

to

disclosure

in

24

response

to

a

request

under

Code

chapter

22.

25

For

any

easement

the

pipeline

company

seeks

to

acquire

using

26

eminent

domain,

the

bill

requires

the

company

to

file

with

the

27

commission

evidence

establishing

that

the

company

diligently

28

exhausted

all

alternatives

to

assemble

a

continuous

route

for

29

the

project

exclusively

through

voluntarily

conveyed

easements

30

and

a

statement

setting

forth

why

the

company

requires

an

31

easement

on

the

specific

parcel

for

which

the

company

seeks

32

eminent

domain.

33

The

bill

allows

the

commission

to

extend

deadlines

34

established

in

the

bill

upon

a

showing

of

good

cause.

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The

bill

takes

effect

upon

enactment.

The

bill

applies

1

retroactively

to

the

construction

of

any

hazardous

liquid

2

pipeline

designed

for

the

transportation

of

liquefied

carbon

3

dioxide

for

which

a

petition

is

filed

under

Code

chapter

479B

4

on

or

after

January

1,

2024,

except

that

the

provisions

of

new

5

Code

section

479B.16(4)

apply

retroactively

to

the

construction

6

of

pipelines

designed

for

the

transportation

of

liquefied

7

carbon

dioxide

for

which

a

petition

was

filed

under

Code

8

chapter

479B

on

or

after

January

1,

2022.

Otherwise,

the

bill

9

applies

to

the

construction

of

any

hazardous

liquid

pipeline

10

for

which

a

petition

is

filed

on

or

after

the

effective

date

of

11

the

bill.

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