This bill amends Iowa's Code chapters 6A and 6B to define a "common carrier" as a commercial enterprise that transports goods or passengers for hire, with specific provisions for carriers transporting hazardous liquids. It establishes that a common carrier must transport commodities for unaffiliated shippers who retain ownership or sell the goods to others, and it excludes liquefied carbon dioxide from the definition of commodities. Additionally, the bill stipulates that a pipeline company can only exercise the right of eminent domain if it qualifies as a common carrier, as defined in the bill.
Furthermore, the bill raises the burden of proof for acquiring agencies seeking to use eminent domain under chapter 479B, requiring them to establish by clear and convincing evidence that their proposed use meets the definitions of public use, public purpose, or public improvement. This contrasts with the previous standard of a preponderance of the evidence. The bill takes effect immediately upon enactment and applies to condemnation proceedings initiated after its effective date.
Statutes affected: Introduced: 6A.21, 478.6A, 479B.16