This bill amends Iowa's Code chapters 6A and 6B to clarify the definition of a common carrier and the conditions under which a pipeline company can exercise the right of eminent domain. A common carrier is defined as a commercial enterprise that transports goods or passengers for hire, with specific provisions for carriers transporting hazardous liquids. The bill stipulates that such carriers must demonstrate that they transport commodities for unaffiliated shippers who retain ownership of the goods. Additionally, the bill establishes that an acquiring agency must prove by clear and convincing evidence that the use of eminent domain meets the definitions of public use, public purpose, or public improvement when seeking to acquire property for hazardous liquid pipelines.
Furthermore, the bill prohibits pipeline companies from being granted the right of eminent domain unless they qualify as common carriers. It also modifies the existing law regarding the width and area for right-of-way for pipeline companies, allowing for additional eminent domain rights if sufficient evidence is presented. The bill takes effect immediately upon enactment and applies to condemnation proceedings initiated after the effective date.
Statutes affected: Introduced: 6A.21, 478.6A, 479B.16