Iowa House Bill HF939

Iowa 2025-2026 Regular Session

• Introduced: 3/12/25
• Refer: 4/3/25

Caption

A bill for an act concerning common carriers and including effective date and applicability provisions.(Formerly HF 491.)

Impact

The enactment of HF939 is set to alter how eminent domain is exercised in relation to pipelines, meaning that the burden of proof shifts significantly. Under current law, agencies seeking to employ eminent domain must demonstrate public use or purpose by a preponderance of evidence. This bill raises that standard to 'clear and convincing evidence,' making it more challenging for companies to justify taking land for pipeline projects. Furthermore, the bill limits the definition of public use, especially in relation to agricultural land, where the condemnation for private development requires the property owner's consent.

Summary

House File 939 is a legislative measure aimed at modifying the rules surrounding the use of eminent domain specifically for pipeline companies in Iowa. The bill amends existing laws by defining the criteria under which a pipeline company can be granted eminent domain rights. This includes stipulations that only common carriers, as defined in the bill, would have the authority to exercise eminent domain. The emphasis on common carriers ensures that only those companies that transport goods or services for the public, rather than for private interests, can utilize these powers.

Contention

Debate surrounding HF939 likely centers around the implications for landowners and the regulation of pipeline infrastructure within Iowa. Proponents argue that the stricter criteria safeguard private property rights and ensure that eminent domain is not abused by companies for possibly unnecessary expansions. On the opposite side, opponents may contend that the restrictions imposed could hinder necessary infrastructure development for energy and other essential supplies, ultimately impacting the growth of the state's economy and energy sectors.