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

The applicant shall pay all costs of the informational meetings, hearing, and necessary preliminary investigation including the cost of publishing notice of hearing, and shall pay the actual unrecovered costs directly attributable to construction inspections conducted by the comm…

The commission may, in accordance with section 476.10 , charge a pipeline company with an annual inspection fee that is directly attributable to the costs of conducting annual inspections pursuant to this chapter . [C31, §8338-d13; C35, §8338-f27; C39, § 8338.35; C46, 50, 54, 58,…

It shall be the duty of the commission to collect all inspection fees provided in this chapter , and failure to pay any such inspection fee within thirty days after the time the same shall become due shall be cause for revocation of the permit. [C35, §8338-f28; C39, § 8338.36; C4…

All moneys received under this chapter shall be remitted monthly to the treasurer of state and credited to the commerce revolving fund created in section 546.12 as provided in section 476.10 . [C31, §8338-d14; C35, §8338-f29, -f30; C39, § 8338.37, 8338.38; C46, 50, 54, 58, 62, 66…

The commission shall have full authority and power to promulgate such rules as the commission deems proper and expedient to insure the orderly conduct of the hearings provided for in this chapter and also to prescribe rules for the enforcement of this chapter . [C31, §8338-d15; C…

The commission shall prepare and issue any permit granted in accordance with section 479.12 . Said permit shall show the name and address of the pipeline company to which it is issued and identify by reference thereto the decision and order of the commission under which said perm…

A pipeline company shall not ever be granted an exclusive right to construct, maintain, and operate its pipeline or lines along, over or across any public highway, grounds or waters. A permit shall not ever be granted for a period that is longer than twenty-five years. [C31, §833…

As used in this chapter : 1. “Commission” means the utilities commission. 2. “Pipeline” means a pipe, pipes, or pipelines used for the transportation or transmission of a solid, liquid, or gaseous substance, except water, within or through this state. However, the term does not i…

No permit shall be sold until the sale is approved by the commission. [C35, §8338-f34; C39, § 8338.42; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.21; C77, 79, 81, §479.20 ] 2024 Acts, ch 1170, §369

If a transfer of a permit is made before the construction for which the permit was issued is completed in whole or in part, the transfer shall not be effective until the person, company, or corporation to whom the permit was issued files in the office of the commission a notice i…

The commission shall keep a record of all permits granted and issued by the commission, showing when and to whom the permits were issued and the location and route of the pipeline or lines or gas storage area covered. When any transfer of a permit has been made as provided in thi…

A pipeline company may petition the commission for the extension of a permit granted under this chapter by filing a petition containing the information required by section 479.6, subsections 1 through 4, 6, and 7 , and section 479.26 . [C31, §8338-d22; C35, §8338-f37; C39, § 8338…

1. A pipeline company granted a pipeline permit under this chapter shall be vested with the right of eminent domain* to the extent necessary and as prescribed and approved by the commission, not exceeding seventy-five feet in width for right-of-way and not exceeding one acre in a…

A pipeline company operating a pipeline or a gas storage area shall have reasonable access to the pipeline or gas storage area for the purpose of constructing, operating, maintaining, or locating pipes, pumps, pressure apparatus or other stations, wells, devices, or equipment use…

Before any permit is granted under this chapter the applicant must satisfy the commission that the applicant has property within this state other than pipelines, subject to execution of a value in excess of two hundred fifty thousand dollars, or the applicant must file and mainta…

In all cases arising under this chapter , the district court of any county in which property of a pipeline company is located shall have jurisdiction. [C31, §8338-d28; C35, §8338-f41; C39, § 8338.49; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.28; C77, 79, 81, §479.27 ] 95 Acts, ch…

If a pipeline company fails to obey an order within a time prescribed by the commission, the commission may commence an equitable action in the district court of the county where the defective, unsafe, or dangerous portion of the pipeline, device, apparatus, or equipment is locat…

1. The commission shall, pursuant to chapter 17A , adopt rules establishing standards for the restoration of agricultural lands during and after pipeline construction. In addition to the requirements of section 17A.4 , the commission shall distribute copies of the notice of inten…

No pipeline company shall construct, maintain, or operate any pipeline or lines under, along, over, or across any public or private highways, grounds, waters, or streams of any kind in this state except in accordance with the provisions of this chapter . [C31, §8338-d2; C35, §833…

After the informational meeting or after the filing of a petition if no informational meeting is required, a pipeline company may enter upon private land for the purpose of surveying and examining the land to determine the direction or depth of a pipeline by giving ten days’ writ…

1. A person who violates this chapter or any rule or order issued pursuant to this chapter shall be subject to a civil penalty levied by the commission in accordance with 49 C.F.R. §190.223 . Each day that the violation continues shall constitute a separate offense. Civil penalti…

Rehearing procedure for any person, company, or corporation aggrieved by the action of the commission in granting or failing to grant a permit under the provisions of this chapter shall be as provided in section 476.12 . Judicial review may be sought in accordance with the terms …

The commission may enter into agreements with and receive moneys from the United States department of transportation for the inspection of pipelines to determine compliance with applicable standards of pipeline safety, and for enforcement of the applicable standards of pipeline s…

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

1. The commission is vested with power and authority and it shall be the commission’s duty to supervise all pipelines and underground storage and pipeline companies and, from time to time, to inspect and examine the construction, maintenance, and condition of the pipelines and un…

1. If an easement or other written agreement between a landowner and a pipeline company provides for the determination through arbitration of the amount of monetary damages sustained by a landowner and caused by the construction, maintenance, or repair of a pipeline, and if eithe…

1. A pipeline company shall not install a subsequent pipeline upon its existing easement when a damage claim from the installation of its previous pipeline on that easement has not been resolved, unless the damage claim is under litigation, arbitration, or a proceeding pursuant t…

A pipeline company shall not install a pipeline until there is a written statement on file with the commission as to how damages resulting from the construction of the pipeline shall be determined and paid, except in cases of eminent domain. The company shall provide a copy of th…

In lieu of a one-time lump sum payment for an easement or other property interest allowing a pipeline to cross the property, a landowner and the pipeline company may negotiate an annual fee, to be paid over a fixed number of years. Unless the easement provides otherwise, the annu…

1. Compensable losses shall include, but are not limited to, all of the following: a. Loss or reduced yield of crops or forage on the pipeline right-of-way, whether caused directly by construction or from disturbance of usual farm operations. b. Loss or reduced yield of crops or …

1. The county board of supervisors shall determine when installation of a pipeline has been completed in that county for the purposes of this section . Not less than ninety days after the completion of installation, and if an agreement cannot be made as to damages, a landowner wh…

All additional costs of new tile construction caused by an existing pipeline shall be paid by the pipeline company. To receive compensation under this section , the landowner or agent of the landowner shall either present an invoice specifying the additional costs caused by the p…

1. If a pipeline right-of-way, or any part of a pipeline right-of-way, is wholly abandoned for pipeline purposes by the relocation of the pipeline, is not used or operated for a period of five consecutive years, or if the construction of the pipeline has been commenced and work h…

A landowner or contractor may require a representative of the pipeline company to be present on site, at no charge to the landowner, at all times during each phase and separate activity related to a farmland improvement within fifty feet of either side of a pipeline. If the pipel…

1. A pipeline company doing business in this state shall file with the commission its verified petition asking for a permit to construct, maintain, and operate its pipeline or lines along, over, or across the public or private highways, grounds, waters, and streams of any kind of…

Said petition shall state: 1. The name of the individual, firm, corporation, company, or association asking for said permit. 2. The applicant’s principal office and place of business. 3. A legal description of the route of said proposed line or lines, together with a map thereof.…

1. Upon the filing of the petition, the commission shall fix a date for hearing on the petition and shall cause notice of hearing to be published in some newspaper of general circulation in each county through which the proposed line or lines or gas storage facilities will extend…

The hearing shall not be less than ten days nor more than thirty days from the date of the last publication and where the proposed new pipeline would operate under pressure exceeding one hundred fifty pounds per square inch and exceed five miles in length, shall be held in the co…

Any person, corporation, company, or city whose rights or interests may be affected by a proposed pipeline or lines or gas storage facilities may file written objections to the proposed pipeline or lines or gas storage facilities or to the granting of a permit. [C31, §8338-d7; C3…