§ 479B.16 — Eminent domain

Iowa § 479B.16

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 479B: HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES

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1. A pipeline company granted a pipeline permit 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. Apipelinecompanygrantedapermitforundergroundstorageofhazardousliquidshall
be vested with the right of eminent domain to the extent necessary and as prescribed and
approvedbythecommissioninordertoappropriateforitsusefortheundergroundstorageof
hazardousliquidanysubsurfacestratumorformationinanylandwhichthecommissionshall
have found to be suitable and in the public interest for the underground storage of hazardous
liquid, and may appropriate other interests in property, as may be required adequately to
examine, prepare, maintain, and operate the underground storage facilities.
3. 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.