§ 479.24 — Eminent domain

Iowa § 479.24

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 479: PIPELINES AND UNDERGROUND GAS STORAGE

Text

1. A pipeline company granted a pipeline permit under this chapter shall be vested with
the right of eminent domain* to the extent necessary and as prescribed and approved by
the commission, not exceeding seventy-five feet in width for right-of-way and not exceeding
one acre in any one location in addition to right-of-way for the location of pumps, pressure
apparatus, or other stations or equipment necessary to the proper operation of its pipeline.
The commission may grant additional eminent domain rights where the pipeline company
has presented sufficient evidence to adequately demonstrate that a greater area is required

for the proper construction, operation, and maintenance of the pipeline or for the location of
pumps, pressure apparatus, or other stations or equipment necessary to the proper operation
of its pipeline.
2. A pipeline company having secured a permit for underground storage of gas shall
be vested with the right of eminent domain to the extent necessary and as prescribed and
approved by the commission in order to appropriate for its use for the underground storage
of gas any subsurface stratum or formation in any land which the commission shall have
found to be suitable and in the public interest for the underground storage of gas, and
may appropriate other interests in property, as may be required to adequately examine,
prepare, maintain, and operate the underground gas storage facilities. This chapter does
not authorize the construction of a pipeline longitudinally on, over, or under any railroad
right-of-way or public highway, or at other than an approximate right angle to a railroad
track or public highway without the consent of the railroad company, the state department
of transportation, or the county board of supervisors, and this chapter does not authorize or
give the right of condemnation or eminent domain for such purposes.

Legislative History

[C31, §8338-d23; C35, §8338-f38; C39, §8338.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.25; C77, 79, 81, §479.24]