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

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

1. The commission shall prepare and issue permits. The permit shall show the name and address of the pipeline company to which it is issued and identify the decision and order of the commission under which the permit is issued. The permit shall be signed by the chairperson of the…

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 direction or depth of pipelines by giving ten days’ written n…

1. A pipeline company granted a pipeline permit 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 any one location in …

A pipeline company operating a pipeline or an underground storage facility shall have reasonable access to the pipeline or underground storage facility for the purpose of constructing, operating, maintaining, or locating pipes, pumps, pressure apparatus, or other stations, wells,…

In all cases arising under this chapter , the district court of any county in which property of a pipeline company is located has jurisdiction of a case involving the pipeline company. 95 Acts, ch 192, §45

If the pipeline company fails to obey an order within the period of time determined by the commission, the commission may commence an equitable action in the district court of the county where the pipeline, device, apparatus, equipment, or underground storage facility is located …

As used in this chapter , unless the context appears otherwise: 1. “Commission” means the utilities commission. 2. “Hazardous liquid” means crude oil, refined petroleum products, liquefied petroleum gases, anhydrous ammonia, liquid fertilizers, liquefied carbon dioxide, alcohols,…

1. The commission, pursuant to chapter 17A , shall adopt rules establishing standards for the restoration of agricultural lands during and after pipeline or underground storage facility construction. In addition to the requirements of section 17A.4 , the commission shall distribu…

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 an amount not to exceed one thousand dollars for each violation. Each day that the violation continues shall constitute a sep…

Rehearing procedure for any person aggrieved by actions of the commission under this chapter shall be as provided in section 476.12 . Judicial review may be sought in accordance with the terms of chapter 17A . 95 Acts, ch 192, §49 ; 2024 Acts, ch 1170, §369

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 pipeline company seeking to acquire an easement or other property interest for the construction, maintenance, or operation of a pipeline or underground storage facility shall do all of the following: 1. Allow the landowner or a person serving in a fiduciary capacity on the land…

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 or undergroun…

1. A pipeline company shall not construct a subsequent pipeline or underground storage facility upon its existing easement when a damage claim from the installation of its previous pipeline on that easement has not been resolved unless that claim is under litigation or arbitratio…

A pipeline company shall not construct a pipeline or underground storage facility until a written statement is 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 pipeli…

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

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 …

A pipeline company shall not construct, maintain, or operate a pipeline or underground storage facility under, along, over, or across any public or private highways, grounds, waters, or streams of any kind in this state except in accordance with this chapter . 95 Acts, ch 192, §3…

1. The county board of supervisors shall determine when construction of a pipeline or underground storage facility has been completed in that county for the purposes of this section . Not less than ninety days after the completion of construction and if an agreement cannot be mad…

All additional costs of new tile construction caused by an existing pipeline or underground storage facility 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 …

1. If a pipeline right-of-way, or any part of the 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…

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 a verified petition with the commission asking for a permit to construct, maintain, and operate a new pipeline along, over, or across the public or private highways, grounds, waters, and streams of any kind in this sta…

A petition for a permit shall state all of the following: 1. The name of the individual, firm, corporation, company, or association applying for the permit. 2. The applicant’s principal office and place of business. 3. A legal description of the route of the proposed pipeline and…

1. After the petition is filed, the commission shall fix a date for a hearing and shall publish notice for two consecutive weeks, in a newspaper of general circulation in each county through which the proposed pipeline or hazardous liquid storage facilities will extend. 2. The he…

1. A person, including a governmental entity, whose rights or interests may be affected by the proposed pipeline or hazardous liquid storage facilities may file written objections. 2. All objections shall be on file with the commission not less than five days before the date of h…

The commission may examine the proposed route of the pipeline and location of the underground storage facility. At the hearing the commission shall consider the petition and any objections and may hear testimony to assist the commission in making its determination regarding the a…

The commission may grant a permit in whole or in part upon terms, conditions, and restrictions as to location and route as it determines to be just and proper. A permit shall not be granted to a pipeline company unless the commission determines that the proposed services will pro…