Section 479.27 – Venue.
479.27 Venue. 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 192, §11
Section 479.49 – Farmland improvements.
479.49 Farmland improvements. 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 pipeline company and the […]
Section 479.28 – Orders — enforcement.
479.28 Orders — enforcement. If said pipeline company fails to obey an order within a time prescribed by the said board the said board may commence an equitable action in the district court of the county where said defective, unsafe, or dangerous portion of said pipeline, device, apparatus or equipment is located to compel compliance […]
Section 479.29 – Land restoration.
479.29 Land restoration. 1. The board 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 board shall distribute copies of the notice of intended action and opportunity for oral presentations to each county board of […]
Section 479.30 – Entry for land surveys.
479.30 Entry for land surveys. 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’ written notice by […]
Section 479.31 – Civil penalty.
479.31 Civil penalty. 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 board in accordance with 49 C.F.R. §190.223 . Each day that the violation continues shall constitute a separate offense. Civil penalties collected pursuant to this […]
Section 479.32 – Rehearing — judicial review.
479.32 Rehearing — judicial review. Rehearing procedure for any person, company or corporation aggrieved by the action of the board 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 of the Iowa administrative […]
Section 479.33 – Authorized federal aid.
479.33 Authorized federal aid. The board 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 safety as provided by Pub. L. No. 103-272, as codified in […]
Section 479.34 – Cancellation.
479.34 Cancellation. 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 other interest by certified mail with return requested […]
Section 479.41 – Arbitration agreements.
479.41 Arbitration agreements. 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 either party has not appointed its arbitrator or […]