1.Any person authorized to transact business in the state including cities may file a
verified petition asking for a franchise to erect, maintain, and operate a line or lines for the
transmission, distribution, use, andsaleofelectriccurrentoutsidecitiesandforsuchpurpose
to erect, use, and maintain poles, wires, guy wires, towers, cables, conduits, and other
fixtures and appliances necessary for conducting electric current for light, heat, or power
over, along, and across any public lands, highways, streams, or the lands of any person,
company, or corporation, and to acquire necessary interests in real estate for such purposes.
2.As conditions precedent to the filing of a petition with the utilities commission
requesting a franchise for a new transmission line, and not less than thirty da
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1. Any person authorized to transact business in the state including cities may file a
verified petition asking for a franchise to erect, maintain, and operate a line or lines for the
transmission, distribution, use, andsaleofelectriccurrentoutsidecitiesandforsuchpurpose
to erect, use, and maintain poles, wires, guy wires, towers, cables, conduits, and other
fixtures and appliances necessary for conducting electric current for light, heat, or power
over, along, and across any public lands, highways, streams, or the lands of any person,
company, or corporation, and to acquire necessary interests in real estate for such purposes.
2. As conditions precedent to the filing of a petition with the utilities commission
requesting a franchise for a new transmission line, and not less than thirty days prior to the
filing of such petition, the person shall hold informational meetings in each county in which
real property or rights will be affected.
a. A member of the commission, the counsel of the commission, or a presiding officer
designated by the commission shall serve as the presiding officer at each meeting, shall
present an agenda for such meeting which shall include a summary of the legal rights of
the affected landowners, and shall distribute and review the statement of individual rights
required under section 6B.2A, subsection 1. A formal record of the meeting shall not be
required.
b. The meeting shall be held at a location reasonably accessible to all persons that may
be affected by the granting of the franchise.
3. The person seeking the franchise for a new transmission line shall give notice of
the informational meeting to each person, company, or corporation determined to be the
landowner affected by the proposed project and any person, company, or corporation in
possession of or residing on the property.
a. For the purposes of this section, unless the context otherwise requires:
(1) “Landowner” means a person listed on the tax assessment rolls as responsible for the
payment of real estate taxes imposed on the property.
(2) “Transmissionline”meansanylinecapableofoperatingatsixty-ninekilovoltsormore
and extending a distance of not less than one mile across privately owned real estate.
b. The notice shall contain the following:
(1) The name of the applicant.
(2) The applicant’s principal place of business.
(3) A general description and purpose of the proposed project.
(4) The general nature of the right-of-way desired.
(5) The possibility that the right-of-way may be acquired by condemnation if approved by
the utilities commission.
(6) A map showing the route of the proposed project.
(7) A description of the process used by the utilities commission in making a decision on
whether to approve a franchise or grant the right to take property by eminent domain.
(8) A statement that the landowner has the right to be present at such meetings and to file
objections with the utilities commission.
(9) The place and time of the meeting.
c. The notice shall be served not less than thirty days prior to the time set for the meeting
by certified mail with return receipt requested and shall be published once in a newspaper
of general circulation in the county at least one week and not more than three weeks before
the time of the meeting and such publication shall be considered notice to landowners whose
residence is not known.
4. A person seeking rights under this chapter shall not negotiate or purchase any
easements or other interests in land in any county known to be affected by the proposed
project prior to the informational meeting.