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

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…

1. Commencing January 1, 1979, a person shall not sell or offer for sale in this state a decorative gas lamp manufactured after December 31, 1978. 2. As used in this section , “decorative gas lamp” means a device installed for the purpose of producing illumination by burning natu…

It is the purpose of the general assembly in enacting this law to confer upon the utilities commission the power and authority to supervise the transportation or transmission of any solid, liquid, or gaseous substance, except water, within or through this state by pipeline, wheth…

All such objections shall be on file in the office of the commission not less than five days before the date of hearing on the application, but the commission may permit the filing of the objections later than five days before the hearing, in which event the applicant must be gra…

The commission may examine the proposed route of the pipeline or lines and location of the proposed gas storage area or may select an engineer to make the examination. At the hearing, the commission shall consider the petition and any objections filed to the petition and may, in …

The commission may grant a permit in whole or in part upon terms, conditions, and restrictions as to safety requirements and as to location and route as determined by it to be just and proper. Before a permit is granted to a pipeline company, the commission, after a public hearin…

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…