This bill amends Iowa's eminent domain laws by defining a "common carrier" as a commercial enterprise that engages in the transportation of goods or passengers for hire, emphasizing that such carriers must operate as public entities rather than casual occupations. It specifies that for carriers transporting hazardous liquids to qualify as common carriers, they must provide clear evidence of transporting commodities for unaffiliated shippers. Additionally, the bill clarifies that a determination by the federal energy regulatory commission regarding a carrier's status is authoritative.

Furthermore, the bill modifies the burden of proof required for acquiring agencies seeking to use eminent domain under specific circumstances. Currently, agencies must demonstrate by a preponderance of the evidence that their actions meet the definitions of public use, public purpose, or public improvement. The new legislation raises this standard to "clear and convincing evidence" for cases involving grants under Code chapter 479B, which pertains to hazardous liquid pipelines and storage facilities. The bill is effective immediately upon enactment and applies to condemnation proceedings initiated after its effective date.

Statutes affected:
Introduced: 6A.21, 478.6A