Section 479.42 – Subsequent pipelines.
479.42 Subsequent pipelines. 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 to section 479.46. 2. With the exception of […]
Section 479.43 – Damage agreement.
479.43 Damage agreement. A pipeline company shall not install a pipeline until there is a written statement on file with the board 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 the statement to the […]
Section 479.44 – Negotiated fee.
479.44 Negotiated fee. 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 annual fee shall run […]
Section 479.45 – Particular damage claims.
479.45 Particular damage claims. 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 yield from land near […]
Section 479.46 – Determination of installation damages.
479.46 Determination of installation damages. 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 whose land was […]
Section 479.25 – Damages.
479.25 Damages. 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 used in or upon the pipeline or gas storage area; shall […]
Section 479.47 – Subsequent tiling.
479.47 Subsequent tiling. 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 presence of the pipeline which is accompanied by […]
Section 479.26 – Financial condition of permittee — bond.
479.26 Financial condition of permittee — bond. Before any permit is granted under this chapter the applicant must satisfy the board 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 maintain with the […]
Section 479.48 – Reversion on nonuse.
479.48 Reversion on nonuse. 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 has ceased and […]
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