Status: Passed both chambers (House 85–10; Senate 27–22), enrolled and sent to Governor; vetoed by Governor on 2025-06-11.
- Definitions and limits on condemnation (Section 6A.21 and related)
- Revises definitions relevant to condemnation of agricultural land, including:
- “Agricultural land” (tracts of ≥10 acres and recent agricultural use).
- “Aboveground merchant line” (merchant line excluding underground merchant lines).
- “Common carrier” — defined as a commercial enterprise that transports hazardous liquids for unaffiliated shippers who retain or sell the commodity; a FERC common-carrier determination is controlling.
- Clarifies that condemnation for “private development purposes” is not a public use/purpose unless the landowner consents.
The limitation on treating private development as a public use is retained broadly but exceptions are specified for roads, railways, airports, utilities under IUB jurisdiction — explicitly carved out for hazardous liquid pipelines carrying liquefied CO2 and aboveground merchant lines.
Eminent domain and permitting for pipelines (Section 479B.16 & applicability)
A pipeline permittee may be granted eminent-domain rights for right-of-way not exceeding 75 feet and up to one acre for stations/equipment, with the commission able to grant more only on sufficient evidence demonstrating necessity.
New rule: eminent-domain authority is available only to pipeline companies that qualify as a “common carrier” (per the bill’s definition).
Burden of proof: where land is acquired under a grant in chapter 479B, the acquiring agency must prove by clear and convincing evidence that the use is a “public use/purpose/improvement.”
Effective date: provision takes effect upon enactment and applies to condemnation proceedings with applications filed on or after that date.
Iowa Utilities Commission procedures and intervention
Adds an attendance rule: for hearings initiated under chapter 476, a majority of IUB members must be present during any live testimony; hearings pause if a majority is not present.
Extends the attendance rule to chapter 476A proceedings.
Creates procedural provisions allowing persons (including government entities) to file written objections to projects where eminent domain is sought; objections generally must be filed at least five days before hearing (with commission discretion to allow later filings and permit response time).
Some amendment drafts would have allowed certain parties to intervene as of right (e.g., legislators, elected local officials, and “any resident with a minimally plausible interest”), though multiple amendment versions were filed/withdrawn; the enrolled/reprinted text reflects competing amendment activity.
Landowner protections, restoration, and liabilities (chapter 476A additions in various amendments)
Provisions appearing in amendment drafts require:
- Repair/replacement liability for drainage tile damaged by facility construction, including full replacement costs and topsoil restoration.
- Commission rulemaking to set land restoration standards (topsoil management, rock removal, deep tilling to relieve compaction, restoration of terraces/erosion controls, revegetation).
- Reasonable access rights to transmission lines with compensation for crop/land damages and procedures for crop-yield damage renegotiation.
Those protections were prominent in several amendment packages considered by committees and the Senate.
Insurance / financial responsibility (appears in reprinted/committee language)
Draft language requires pipeline permit applicants to secure surety or insurance sufficient to cover damages from construction or releases and to cover increased insurance costs (or inability to obtain insurance) experienced by nearby persons; the pipeline company must purchase insurance on behalf of, or reimburse, affected persons.
