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IA SF92

IA SF92
A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.


summary

Introduced
01/22/2025
In Committee
01/22/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to a utility's right to condemn agricultural land. The bill provides that the construction of hazardous liquid pipelines for the transportation or transmission of liquefied carbon dioxide is not a public use, public purpose, or public improvement for purposes of condemnation of agricultural land by a utility unless the owner of the agricultural land consents to the condemnation. Under current law, a utility is excluded from the requirement to receive the consent of the owner of agricultural land prior to using eminent domain to condemn the agricultural land for private development purposes. The bill defines a utility as a person or business that provides gas, electricity, communications services, water, or sanitary sewage or storm water drainage disposal to the public for compensation, and also includes waterworks, joint water utilities, rural water districts, cooperative water associations, and electric transmission owners primarily providing service to public utilities. The bill takes effect upon enactment and applies to condemnation proceedings for which the application is filed on or after the effective date of the bill.

AI Summary

This bill modifies Iowa's eminent domain law by specifically addressing the condemnation of agricultural land for hazardous liquid pipelines that transport or transmit liquefied carbon dioxide. Under the proposed legislation, such pipeline construction would not be considered a public use, public purpose, or public improvement for the purposes of condemning agricultural land, unless the landowner provides explicit consent. The bill defines a utility as a public utility according to existing state code, which typically includes entities providing essential services like gas, electricity, water, and communication services. By adding this restriction, the bill aims to protect agricultural landowners from having their property condemned without their agreement for carbon dioxide pipeline projects. The legislation will take effect immediately upon enactment and will apply to any condemnation proceedings filed on or after its effective date, providing a clear timeline for implementation and ensuring that landowners have more control over how their agricultural land might be used for infrastructure projects involving liquefied carbon dioxide transportation.

Committee Categories

Business and Industry

Sponsors (11)

Last Action

Subcommittee: Webster, Sweeney, and Wahls. S.J. 136. (on 01/23/2025)

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