This text of Iowa § 318.9 (Utility structures) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
a.Autilitystructureinahighwayright-of-wayusedfortelephone, electric, naturalgas,
or other distribution or transmission purposes shall be removed by the owner or operator of
the transmission lines upon written notice from the highway authority of not less than ninety
days, totheownerandoperator. Thenoticeshall, withreasonablecertainty, specifytheutility
structure to be removed and shall be served in the same manner that original notices are
required to be served. If the owner or operator of the transmission line is unable to remove
the utility structure within the required time due to circumstances beyond the control of the
owner or operator, the owner or operator shall file a request with the highway authority for
an extension of time to complete the work.
b.If the owner or operator o
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1. a. Autilitystructureinahighwayright-of-wayusedfortelephone, electric, naturalgas,
or other distribution or transmission purposes shall be removed by the owner or operator of
the transmission lines upon written notice from the highway authority of not less than ninety
days, totheownerandoperator. Thenoticeshall, withreasonablecertainty, specifytheutility
structure to be removed and shall be served in the same manner that original notices are
required to be served. If the owner or operator of the transmission line is unable to remove
the utility structure within the required time due to circumstances beyond the control of the
owner or operator, the owner or operator shall file a request with the highway authority for
an extension of time to complete the work.
b. If the owner or operator of a transmission line needs authorization from the utilities
commission or other governmental authority to relocate a utility structure or to obtain a
new private easement right for relocation of the utility structure, the owner or operator shall
request an extension of time within which to remove the utility structure. The highway
authority shall grant an extension of time for at least ninety days following the date
authorization is granted or the easement right is obtained.
2. Upon written application, the highway authority shall locate the construction of new
telephone, electric, or transmission lines or parts of lines, including natural gas pipeline, for
the roads within the highway authority’s jurisdiction, subject to the jurisdiction of the utilities
commission under chapters 476, 478, and 479, as follows:
a. The county engineer, or the board of supervisors if a county engineer is not available,
shall locate the lines for secondary roads.
b. The department shall locate the lines for primary roads.
3. The department and the county engineer, or the board of supervisors if a county
engineer is not available, may designate the location of a utility structure within a highway
right-of-way. A utility structure that is not properly located within the highway right-of-way
shall be removed within a time prescribed to a designated location. If not so removed, the
highway authority may remove the utility structure and recover costs as provided in section
318.5.