This text of Iowa § 479B.30 (Determination of construction damages) 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.The county board of supervisors shall determine when construction of a pipeline or
underground storage facility has been completed in that county for the purposes of this
section. Not less than ninety days after the completion of construction and if an agreement
cannot be made as to damages, a landowner whose land was affected by the construction of
the pipeline or underground storage facility or the pipeline company may file with the board
of supervisors a petition asking that a compensation commission determine the damages
arising from construction of the pipeline.
2.If the board of supervisors by resolution approves the petition, the landowner or
pipelinecompanyshallcommencetheproceedingbyfilinganapplicationwiththechiefjudge
of the judicial district for the county for the appointmen
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1. The county board of supervisors shall determine when construction of a pipeline or
underground storage facility has been completed in that county for the purposes of this
section. Not less than ninety days after the completion of construction and if an agreement
cannot be made as to damages, a landowner whose land was affected by the construction of
the pipeline or underground storage facility or the pipeline company may file with the board
of supervisors a petition asking that a compensation commission determine the damages
arising from construction of the pipeline.
2. If the board of supervisors by resolution approves the petition, the landowner or
pipelinecompanyshallcommencetheproceedingbyfilinganapplicationwiththechiefjudge
of the judicial district for the county for the appointment of a compensation commission as
provided in section 6B.4. The application shall contain all of the following information:
§479B.30, HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES 10
a. The name and address of the applicant and a description of the land on which the
damage is claimed to have occurred.
b. A description of the nature of the damage claimed to have occurred and the amount of
the damage claimed.
c. The name and address of the pipeline company claimed to have caused the damage or
the name and address of the affected landowner.
3. a. After the commissioners have been appointed, the applicant shall serve notice on
the pipeline company or the landowner stating all of the following:
(1) That a compensation commission has been appointed to determine the damages
caused by the construction of the pipeline or underground storage facility.
(2) The name and address of the applicant and a description of the land on which the
damage is claimed to have occurred.
(3) The date, time, and place when the commissioners will view the premises and proceed
to appraise the damages and that the pipeline company or landowner may appear before the
commissioners.
b. If more than one landowner petitions the county board of supervisors, the application
to the chief judge, notice to the pipeline company, and appraisement of damages shall be
consolidated into one application, notice, and appraisement. The county attorney may assist
in coordinating the consolidated application and notice, but does not become an attorney for
the landowners by doing so.
4. The commissioners shall view the land at the time provided in the notice and assess
the damages sustained by the landowner by reason of the construction of the pipeline or
undergroundstoragefacilityandtheyshallfiletheirreportwiththesheriff. Theappraisement
of damages returned by the commissioners is final unless appealed. After the appraisement
of damages has been delivered to the sheriff by the compensation commission, the sheriff
shall give written notice by ordinary mail to the pipeline company and the landowner of the
date the appraisement of damages was made, the amount of the appraisement, and that any
interested party may appeal to the district court within thirty days of the date of mailing. The
sheriff shall endorse the date of mailing of notice on the original appraisement of damages.
At the time of appeal, the appealing party shall give written notice to the adverse party or the
party’s attorney and the sheriff.
5. Chapter 6B applies to this section to the extent it is applicable and consistent with this
section.
6. The pipeline company shall pay all costs of the assessment made by the commissioners
and reasonable attorney fees and costs incurred by the landowner as determined by the
commissioners if the award of the commissioners exceeds one hundred ten percent of the
final offer of the pipeline company prior to the determination of damages. The pipeline
company shall file with the sheriff an affidavit setting forth the most recent offer made to the
landowner. Commissioners shall receive a per diem of fifty dollars and actual and necessary
expenses incurred in the performance of their official duties. The pipeline company shall
also pay all costs occasioned by the appeal, including reasonable attorney fees to be taxed by
the court, unless on the trial of the appeal the same or a lesser amount of damages is awarded
than was allowed by the compensation commission from which the appeal was taken.
7. As used in this section:
a. “Commissioner” means a member of the compensation commission appointed under
subsection 2.
b. “Damages” means compensation for damages to the land, crops, and other personal
property caused by the construction of a pipeline and its attendant structures or underground
storage facility but does not include compensation for a property interest.
c. “Landowner” includes a farm tenant.
8. Theprovisionsofthissectiondonotapplyiftheeasementprovidesforanyothermeans
of negotiation or arbitration.