Bill > SF95

This bill modifies Iowa law regarding eminent domain and common carrier definitions, with a specific focus on hazardous liquid transportation. The bill introduces a more precise definition of a "common carrier" as a commercial enterprise that transports goods or passengers for hire as a public service, with a special provision for carriers of hazardous liquids. To qualify as a common carrier in the hazardous liquid sector, a company must demonstrate that it will transport commodities for unaffiliated shippers who either retain ownership or sell the commodity to third parties, with the Federal Energy Regulatory Commission's determination being the controlling factor. The bill also changes the legal standard for proving public use in eminent domain proceedings related to hazardous liquid pipelines and storage facilities, raising the burden of proof from a "preponderance of evidence" to "clear and convincing evidence." This means that when an acquiring agency seeks to use eminent domain for such projects, they must provide a more substantial justification for the public benefit of the project. The bill takes effect immediately upon enactment and applies to condemnation proceedings filed on or after its effective date, potentially providing stronger protections for property owners in cases involving hazardous liquid infrastructure projects.

Business and Industry

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF95