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 […]
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 […]
479.3 Conditions attending operation. No pipeline company shall construct, maintain or operate any pipeline or lines under, along, over or across any public or private highways, grounds, waters or streams of any kind in this state except in accordance with the provisions of this chapter. [C31, §8338-d2; C35, §8338-f16; C39, §8338.24; C46, 50, 54, 58, […]
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 […]
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 […]
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 […]
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 […]
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 […]
479.4 Dangerous construction — inspection. 1. The board is vested with power and authority and it shall be the board’s duty to supervise all pipelines and underground storage and pipeline companies and, from time to time, to inspect and examine the construction, maintenance, and condition of the pipelines and underground storage facilities. Whenever the board […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
479.5 Application for permit. 1. A pipeline company doing business in this state shall file with the board its verified petition asking for a permit to construct, maintain and operate its pipeline or lines along, over or across the public or private highways, grounds, waters and streams of any kind of this state. Any pipeline […]
479.6 Petition. Said petition shall state: 1. The name of the individual, firm, corporation, company, or association asking for said permit. 2. The applicant’s principal office and place of business. 3. A legal description of the route of said proposed line or lines, together with a map thereof. 4. A general description of the public […]
