This bill amends Iowa's Code to define a "common carrier" and establish new requirements for the exercise of eminent domain related to pipeline companies. A common carrier is defined as a commercial enterprise that transports goods or passengers for hire, with specific provisions for carriers transporting hazardous liquids. Notably, the definition of "commodity" is introduced, which excludes liquefied carbon dioxide. The bill also stipulates that a pipeline company must demonstrate it qualifies as a common carrier to be vested with the right of eminent domain, thereby ensuring that only those companies meeting this definition can condemn property for pipeline construction.

Additionally, the bill raises the burden of proof for acquiring agencies seeking to use eminent domain under Code chapter 479B. Instead of the previous standard of "preponderance of the evidence," agencies must now establish by "clear and convincing evidence" that their proposed use meets the definitions of public use, public purpose, or public improvement. This change aims to provide greater protection for property owners against the potential misuse of eminent domain. 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