Route Selection

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Route Selection Eminent Domain
Cynthia Munyon Utility Specialist/Paralegal Safety
Engineering Section cynthia.munyon_at_iub.state.ia
.us
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Route Selection

• Statutes and Rules
• Iowa Code Section 478.18(2)
• Iowa Code Section 478.20
• 199 Iowa Administrative Code 11.1(7)

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Planning For A Route

• Must be able to demonstrate route planning began
  with a route or routes
• Near and parallel to roads
• Railroad rights-of-way
• Division lines of land

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Exceptions

• When a route near and parallel to these features
  has points where electric line construction is
  not
• practicable and reasonable, deviations may be
  proposed at those points, when accompanied by a
  proper evidentiary showing, generally of
  engineering reasons, that the initial route or
  routes examined did not meet the practicable and
  reasonable standard. 199 IAC 11.1(7)

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Deviations

• May also be permissible
• Landowner preference
• Minimizing interference with land use

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Distance From Buildings

• Cannot be constructed within 100 feet of any
  dwelling house or building except by agreement.
• Except where the line crosses or passes along a
  public highway or is located along or parallel
  with the right-of-way of any railroad company.

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Whats Important

• Iowa Code Section 478.18(2) and
• 199 Iowa Administrative Code 11.1(7)
• must be considered in the beginning planning of a
  proposed route.
• Route Study Criteria must include
• 478.18 and rule requirements when looking at
  alternative routes.

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Must Reads

• Hanson v. Iowa State Commerce Comm'n, 227 N.W.2d
  157 (Iowa 1975).
• Anstey v. Iowa State Commerce Comm'n, 292 N.W.2d
  380 (Iowa 1980).
• Gorsche Family Partnership v.Midwest Power, et
  al., 529 N.W. 2d 291 (Iowa 1995).

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Lessons Learned

• A proposed route that follows abandoned railroad
  right-of-way does not make the route in
  compliance with 478.18.
• A proposed route that parallels an existing line
  of which neither is on a division line of land is
  not use of an existing route and contrary to
  478.18 and Gorsche.

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Eminent Domain

• Statutes and Rules
• Iowa Code Section 478.6
• Iowa Code Section 478.15
• 199 Iowa Administrative Code 11.2(1)c(e)
• 199 Iowa Administrative Code 11.5(3)

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Petition Exhibit E
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Exhibit E Content

• A map of the route showing
• the location of each property.
• Legal description of each property.
• Legal description of desired easement.
• Specific description easement rights sought.
• Names/address of all persons with ownership
  interest and all tenants.

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Exhibit E Content

• A map drawn to scale showing the property
  boundaries, dimensions of the easement, location
  to all electric lines and supports within the
  easement, location/distance to any building
  within 100 feet, and any other features pertinent
  to the line and its supports or to the rights
  being sought.

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Exhibit E Reminders

• Legal description must be accurate.
• Exhibit E may be amended anytime during the
  review process. Waiting to file until you are
  sure eminent domain is absolutely necessary may
  shorten review time on the parcels.

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Did You Know

• You do not have to request eminent domain if you
  believe you can obtain voluntary easements. If
  necessary, eminent domain can be requested in a
  separate proceeding after a franchise is granted.
  

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Eminent Domain

• A hearing is required.
• A staff engineer examines the route and
• writes a report which is filed in the docket.
• Staff memo goes to the Board requesting the
  docket be set for hearing.
• Case may be heard by the Board or assigned to the
  Administrative Law Judge.

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Notice of Eminent Domain

• In addition to the published notice of hearing,
  a written notice of the time and place of hearing
  in a form prescribed by the Board must be served
  to owners of record and parties in possession of
  lands over which eminent domain is sought.

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Mailing of Notice

• Service by certified mail, return receipt
  requested.
• Mailed no later than the first day of publication
  of the official notice of hearing .
• Must include copy of Exhibit E.
• The return receipt must be filed with the Board
  not less than five days prior to the date of
  hearing.

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Lessons Learned

• A City does not have authority under Iowa law to
  condemn another Citys property.
• Thoroughly research title records to determine
  ownership and encumbrances on properties.
• Right of way acquisition personnel can make a
  difference.