Title XI, NATURAL RESOURCES (Ch. 455 - 485)

1. Any person, firm, or corporation owning a franchise granted under this chapter or previously existing law may petition the utilities commission for an extension of the franchise. The commission shall adopt rules governing extension applications and proceedings with the intent …

1. Any city which owns or operates a system for the distribution of electric light or power, and which has obtained electric energy for such distribution from any person or firm or corporation owning or operating an electric light and power plant or transmission line, shall be en…

1. Any person, company, or corporation having secured a franchise as provided in this chapter shall thereupon be vested with the right of eminent domain to such extent as the utilities commission may approve, prescribe, and find to be necessary for public use, not exceeding one h…

1. As used in this section , unless the context otherwise requires: a. “Electric transmission line” means a high-voltage electric transmission line with a capacity of one hundred kilovolts or more and any associated electric transmission facility, including any substation or othe…

Individuals or corporations operating transmission lines shall have reasonable access to the transmission lines for the purpose of constructing, reconstructing, enlarging, repairing, or locating the poles, wires, or construction and other devices used in or upon any line, but sha…

1. The utilities commission shall have power of supervision over the construction of a transmission line and over its future operation and maintenance. 2. A transmission line shall be constructed near and parallel to roads, to the right-of-way of the railways of the state, or alo…

1. Transmission lines shall be built of strong and proper wires attached to strong and sufficient supports properly insulated at all points of attachment; all wires, poles, and other devices which by ordinary wear or other causes are no longer safe shall be removed and replaced b…

1. Any person authorized to transact business in the state including cities may file a verified petition asking for a franchise to erect, maintain, and operate a line or lines for the transmission, distribution, use, and sale of electric current outside cities and for such purpos…

No transmission line shall be constructed, except by agreement, within one hundred feet of any dwelling house or other building, except where said line crosses or passes along a public highway or is located alongside or parallel with the right-of-way of any railway company. In ad…

1. If the improvement for which a franchise is granted is not constructed in whole or in part within two years from the date the franchise is granted, or within two years after final unappealable disposition of judicial review of a franchise order or of condemnation proceedings, …

When the commission determines that a person is in violation of this chapter , the commission may commence an action in the district court of the county in which the violation is alleged to have occurred, for injunctive relief or other appropriate remedy. [C24, 27, 31, 35, 39, § …

Any such franchise granted under previously existing law shall not be abrogated by the provisions of this chapter , but all such franchises and all franchises granted under the provisions of this chapter shall be subject to further legislative control. [C24, 27, 31, 35, 39, § 833…

Any person, company, or corporation constructing or undertaking to construct or maintain any electric transmission line, without first procuring a franchise for such purpose in accordance with the provisions of this chapter , shall be guilty of a serious misdemeanor; and for viol…

The utilities commission shall have general supervision over any and all wires whatsoever crossing under or over any railway track and shall make rules prescribing the manner in which such wires shall cross such track; but in no case shall the commission prescribe a less height f…

The utilities commission shall prescribe the manner for the crossing of wires over and across railroad rights-of-way at highways and other places within the state. [S13, §2120-i; C24, 27, 31, 35, 39, § 8334; C46, 50, 54, 58, 62, §489.25; C66, 71, 73, 75, §489.26; C77, 79, 81, §47…

No corporation or person shall place or string any such wire for transmitting electric current or any wire whatsoever across any track of a railroad except in the manner prescribed by the utilities commission. [S13, §2120-f; C24, 27, 31, 35, 39, § 8335; C46, 50, 54, 58, 62, §489.…

The utilities commission shall, either by personal examination or otherwise, obtain information where railroad tracks are crossed by wires contrary to, or not in compliance with, the rules prescribed by it. It shall order such change or changes to be made by the persons or corpor…

1. A person who violates a provision of this chapter is subject to a civil penalty, which may be levied by the commission, of not more than one hundred dollars per violation or one thousand dollars per day of a continuing violation, whichever is greater. Civil penalties collected…

1. All petitions shall set forth: a. The name of the individual, company, or corporation asking for the franchise. b. The principal office or place of business. c. The starting points, routes, and termini of the proposed lines, accompanied with a map or plat showing such details.…

Nothing in this chapter shall prevent any such individual or corporation having its high tension line on its own private right-of-way on both sides of any highway, from crossing such public highway under such rules and regulations as the utilities commission may prescribe, and su…

1. Notwithstanding the provisions of section 478.1 , any person, company, or corporation proposing to construct an electric transmission line not exceeding one mile in length and which does not involve the taking of property under the right of eminent domain may obtain a temporar…

Any person, company, or corporation aggrieved by the action of the utilities commission in granting or failing to grant a franchise under the provisions of this chapter , shall be entitled to the rehearing procedure provided in section 476.12 . Judicial review of actions of the c…

A person seeking to acquire an easement or other property interest for the construction, maintenance, or operation of an electric transmission line shall: 1. Allow the landowner or a person serving in a fiduciary capacity in the landowner’s behalf to cancel any agreement granting…

The utilities commission shall consider the petition and any objections filed to the petition in the manner provided. The commission shall examine the proposed route or cause any engineer selected by the commission to do so. If a hearing is held on the petition, the commission ma…

Upon the filing of such petition, the utilities commission shall cause a notice, addressed to the citizens of each county through which the proposed line or lines will extend, to be published in a newspaper located in each such county for two consecutive weeks. Said notice shall …

1. Upon the filing of objections or when a petition involves the taking of property under the right of eminent domain, the utilities commission shall set the matter for hearing and fix a time and place for the hearing. The hearing shall be not less than thirty days from the date …

1. For purposes of this section , “merchant line” means a high-voltage direct current electric transmission line which does not provide for the erection of electric substations at intervals of less than fifty miles, which substations are necessary to accommodate both the purchase…

The general counsel for the utilities commission shall prepare a blank form of franchise, which shall provide space for a general description of the improvement authorized, the name and address of the person or corporation to whom granted, the general terms and conditions upon wh…

No financial consideration shall be charged for such franchise. In fixing the value for rate-making purposes of the property of any person, company, or corporation owning it or operating under it, no account shall be taken of, and no increased value shall be allowed for, any such…

No exclusive right shall ever be given by franchise or otherwise to any person, company, corporation, or city to conduct electrical energy, or to place electric wires, along or over or across any public highway or public place or ground; and no franchise or privilege shall ever b…