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| 1 | 1 | Senate File 92 - Introduced SENATE FILE 92 BY GREEN , CAMPBELL , GUTH , ROWLEY , ALONS , SALMON , TAYLOR , WESTRICH , EVANS , PIKE , and LOFGREN A BILL FOR An Act relating to the exercise of eminent domain for the 1 construction of hazardous liquid pipelines and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1120XS (3) 91 sc/js | |
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| 3 | 3 | S.F. 92 Section 1. Section 6A.21, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. The limitation on the definition of public use, 3 public purpose, or public improvement does not apply to the 4 establishment, relocation, or improvement of a road pursuant 5 to chapter 306 , or to the establishment of a railway under the 6 supervision of the department of transportation as provided in 7 section 327C.2 , or to an airport as defined in section 328.1 , 8 or to land acquired in order to replace or mitigate land used 9 in a road project when federal law requires replacement or 10 mitigation. This limitation also does not apply to utilities, 11 persons, companies, or corporations under the jurisdiction 12 of the Iowa utilities commission or to any other utility 13 conferred the right by statute to condemn private property or 14 to otherwise exercise the power of eminent domain, except to 15 the extent such purpose includes construction of hazardous 16 liquid pipelines for the transportation or transmission of 17 liquefied carbon dioxide or aboveground merchant lines. For 18 purposes of this subsection, utility means a public utility as 19 defined in section 306.46, subsection 2. 20 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 21 importance, takes effect upon enactment. 22 Sec. 3. APPLICABILITY. This Act applies to condemnation 23 proceedings for which the application filed under section 6B.3 24 is filed on or after the effective date of the Act. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to a utility's right to condemn 29 agricultural land. The bill provides that the construction 30 of hazardous liquid pipelines for the transportation or 31 transmission of liquefied carbon dioxide is not a public 32 use, public purpose, or public improvement for purposes of 33 condemnation of agricultural land by a utility unless the owner 34 of the agricultural land consents to the condemnation. Under 35 -1- LSB 1120XS (3) 91 sc/js 1/ 2 | |
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| 5 | 5 | S.F. 92 current law, a utility is excluded from the requirement to 1 receive the consent of the owner of agricultural land prior 2 to using eminent domain to condemn the agricultural land for 3 private development purposes. 4 The bill defines a utility as a person or business that 5 provides gas, electricity, communications services, water, 6 or sanitary sewage or storm water drainage disposal to the 7 public for compensation, and also includes waterworks, joint 8 water utilities, rural water districts, cooperative water 9 associations, and electric transmission owners primarily 10 providing service to public utilities. 11 The bill takes effect upon enactment and applies to 12 condemnation proceedings for which the application is filed on 13 or after the effective date of the bill. 14 -2- LSB 1120XS (3) 91 sc/js 2/ 2 |