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 […]
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 […]