Senate File 95 - Introduced SENATE FILE 95 BY TAYLOR , EVANS , SALMON , LOFGREN , GREEN , CAMPBELL , ALONS , GUTH , ROWLEY , WESTRICH , and DE WITT A BILL FOR An Act relating to common carriers and including effective date 1 and applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1351XS (3) 91 sc/js
S.F. 95 Section 1. Section 6A.21, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. Except as otherwise provided, for purposes of this 3 chapter and chapter 6B : 4 a. Aboveground merchant line means merchant line as 5 defined in section 478.6A, subsection 1 , excluding those 6 merchant lines that are underground. 7 b. Agricultural land means real property owned by a person 8 in tracts of ten acres or more and not laid off into lots of 9 less than ten acres or divided by streets and alleys into 10 parcels of less than ten acres, and that has been used for 11 the production of agricultural commodities during three out 12 of the past five years. Such use of property includes, but 13 is not limited to, the raising, harvesting, handling, drying, 14 or storage of crops used for feed, food, seed, or fiber; the 15 care or feeding of livestock; the handling or transportation 16 of crops or livestock; the storage, treatment, or disposal 17 of livestock manure; and the application of fertilizers, 18 soil conditioners, pesticides, and herbicides on crops. 19 Agricultural land includes land on which is located farm 20 residences or outbuildings used for agricultural purposes and 21 land on which is located facilities, structures, or equipment 22 for agricultural purposes. Agricultural land includes 23 land taken out of agricultural production for purposes of 24 environmental protection or preservation. 25 c. Common carrier means a commercial enterprise that holds 26 itself out as ready to engage in the transportation of goods 27 or passengers for hire, as a public employment, and not as a 28 casual occupation, and that undertakes to carry for all persons 29 indifferently, within the limits of the enterprises capacity 30 and the sphere of business required of it. For a carrier 31 engaged in the transportation of a hazardous liquid to qualify 32 as a common carrier, the carrier must establish by clear and 33 convincing evidence that it will transport a commodity for 34 one or more shippers not affiliated with the carrier who 35 -1- LSB 1351XS (3) 91 sc/js 1/ 3
S.F. 95 will either retain ownership of the commodity or sell the 1 commodity to a party other than the carrier. A common carrier 2 determination by the federal energy regulatory commission shall 3 be controlling for purposes of this paragraph. 4 c. d. Private development purposes means the 5 construction of, or improvement related to, recreational 6 trails, recreational development paid for primarily with 7 private funds, aboveground merchant lines, housing and 8 residential development, or commercial or industrial enterprise 9 development. 10 d. e. Public use or public purpose or public 11 improvement does not include the authority to condemn 12 agricultural land for private development purposes unless the 13 owner of the agricultural land consents to the condemnation. 14 Sec. 2. Section 6A.24, Code 2025, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 4. Notwithstanding subsection 3, an 17 acquiring agency proposing to acquire property by eminent 18 domain pursuant to a grant under chapter 479B shall have the 19 burden of establishing by clear and convincing evidence that 20 the proposed use meets the definition of a public use, public 21 purpose, or public improvement. 22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 Sec. 4. APPLICABILITY. This Act applies to condemnation 25 proceedings for which the application filed under section 6B.3 26 is filed on or after the effective date of this Act. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanations substance by the members of the general assembly. 30 This bill defines a common carrier for purposes of Code 31 chapters 6A (eminent domain law) and 6B (procedure under 32 eminent domain) as a commercial enterprise that transports 33 goods or passengers for hire as a public employment. A carrier 34 that transports hazardous liquid only qualifies as a common 35 -2- LSB 1351XS (3) 91 sc/js 2/ 3
S.F. 95 carrier if the carrier transports for one or more shippers 1 that are unaffiliated with the carrier and will not sell the 2 hazardous liquid to the carrier. The federal energy regulatory 3 commissions determination on whether a carrier qualifies as a 4 common carrier is controlling. 5 Under current law, when a property owner or an acquiring 6 agency seeks judicial review of an exercise of eminent domain, 7 an acquiring agency must prove by a preponderance of the 8 evidence that the definition of public use, public purpose, or 9 public improvement is met. The bill provides that an acquiring 10 agency seeking to use eminent domain pursuant to a grant under 11 Code chapter 479B (hazardous liquid pipelines and storage 12 facilities) must prove by clear and convincing evidence that 13 the exercise of eminent domain meets the definition of a public 14 use, public purpose, or public improvement. 15 The bill takes effect upon enactment and applies to 16 condemnation proceedings for which the application is filed on 17 or after the effective date of the bill. 18 -3- LSB 1351XS (3) 91 sc/js 3/ 3