Iowa 2025-2026 Regular Session

Iowa House Bill HSB287

Introduced
3/4/25  

Caption

A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.(See HF 943.)

Summary

HSB287 narrows the circumstances under which a utility may use eminent domain to condemn agricultural land for certain pipeline projects. Specifically, it amends Iowa’s condemnation/public-use law so that the construction of hazardous liquid pipelines used for the transportation or transmission of liquefied carbon dioxide, and aboveground merchant lines, is not treated as a public use, public purpose, or public improvement for eminent-domain purposes unless the landowner consents. The bill is framed as a change to the state’s general eminent-domain rules for utilities and applies only to condemnation proceedings filed on or after the effective date. The bill also clarifies the definition of “utility” for this subsection and preserves existing exceptions for roads, railways, airports, and mitigation land, while carving out the pipeline projects described above. It takes effect immediately upon enactment, indicating legislative intent to address the issue without delay. The practical effect is to limit utility condemnation authority for a specific class of pipeline projects on agricultural land and to give landowners greater control over whether their property can be taken for those projects.

Impact

HSB287 would amend Iowa Code section 6A.21 to restrict the use of eminent domain by utilities for hazardous liquid pipeline construction involving liquefied carbon dioxide and aboveground merchant lines. In effect, it changes the legal status of those projects from qualifying public uses to non-qualifying uses for condemnation of agricultural land unless the owner consents. This would affect utilities, pipeline developers, landowners, and condemnation proceedings filed after the bill’s effective date, while leaving other utility and transportation-related eminent-domain authorities largely intact.

Sentiment

The available vote history suggests the bill was generally supported in committee, passing the House Committee on Economic Growth and Technology by a wide margin of 20-1. That vote indicates substantial agreement with the bill’s landowner-protection approach, at least at the committee stage. No committee transcript was provided, so there is no recorded floor discussion here, but the committee vote suggests the measure was not broadly controversial among members present.

Contention

The main point of contention is the balance between utility/pipeline development authority and private property rights, especially for agricultural land. Supporters appear to favor limiting eminent domain for carbon dioxide and hazardous liquid pipeline projects unless landowners agree, while opponents or the lone dissenting voter may have concerns about restricting infrastructure development, utility planning, or broader energy and carbon-capture projects. The bill’s targeted carveout for liquefied carbon dioxide pipelines and aboveground merchant lines is the central policy dispute, because it narrows an existing utility exception to Iowa’s public-use limitation.

Companion Bills

IA SF 92

Replaced by A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.

IA HF 943

Replaced by A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.(Formerly HSB 287.)

Previously Filed As

IA SF92

A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.

IA HF943

A bill for an act relating to the exercise of eminent domain for the construction of hazardous liquid pipelines and including effective date and applicability provisions.(Formerly HSB 287.)

IA HSB507

A bill for an act relating to the exercise of eminent domain for carbon oxide pipelines, and including applicability and effective date provisions.(See HF 2104.)

IA HF2104

A bill for an act relating to the exercise of eminent domain for carbon oxide pipelines, and including applicability and effective date provisions.(Formerly HSB 507.)

IA SF2067

A bill for an act relating to easements for hazardous liquid pipelines, including negotiation requirements, eminent domain authorization, and contract execution, and including effective date, applicability, and retroactive applicability provisions.

IA SF136

A bill for an act relating to hazardous liquid pipelines, including the establishment of setbacks and safety regulations, specified utility construction project requirements, pipeline project investor disclosures, voluntary easement negotiation requirements, and provisions for land surveys in connection with hazardous liquid pipeline construction projects, and including effective date and applicability provisions.

IA SSB1166

A bill for an act relating to applications for permits to construct electric transmission lines, pipelines and underground storage facilities, and hazardous liquid pipelines, making penalties applicable, providing fees, and including effective date and applicability provisions.

IA HF491

A bill for an act concerning common carriers and including effective date and applicability provisions.(See HF 939.)

IA HF939

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

IA HF242

A bill for an act relating to procedures to review the exercise of eminent domain, and providing fees.(See HF 763.)

Similar Bills

No similar bills found.