Iowa Admin. Code r. 199-9.4 - taking and clearing of agricultural land
(1)
Easement staking. The
pipeline company shall allow the county inspector and the landowner to be
present during the staking of the easement. Written notice of the staking shall
be provided to the landowner and the county inspector in the same manner as
provided for in proper notice to the county inspector. Pipeline construction
may not occur until seven days after the easement is staked unless the
landowner waives the seven-day period after the easement staking has been
completed. If proper notice is given, easement staking shall not be delayed due
to a county inspector or landowner's failure to be present on site.
(2)
Trees and brush. If
trees are to be removed from the easement, the pipeline company shall consult
with the landowner to determine if there are trees of commercial or other value
to the landowner.
a. If there are trees of
commercial or other value to the landowner, the pipeline company shall allow
the landowner the right to retain ownership of the trees with the disposition
of the trees to be negotiated prior to commencement of land clearing, or if the
landowner does not want to retain ownership of the trees, the pipeline company
shall hire a forester with local expertise to appraise the commercial value of
any timber to be cut for construction of the pipeline. The pipeline company
shall compensate the landowner for the full appraised commercial value of any
timber removed. The pipeline company shall remove all cleared trees and debris
left on or adjacent to the easement.
b. If the trees to be cleared have been
determined to have no commercial or other value to the landowner and there is
no negotiated agreement between the pipeline company and the landowner for the
disposition of the trees in advance of clearing of the easement, removal and
disposal of the material shall be completed at the discretion of the pipeline
company.
(3)
Fencing. The pipeline company may remove all field fences and
gates, located within the pipeline company's easement, during clearing of the
easement and may construct temporary fences and gates where necessary. Upon
completion of the pipeline construction, the pipeline company shall replace any
temporary field fences or gates with permanent field fences or gates. The
pipeline company and landowner may negotiate separate agreements regarding
field fences and gates. If livestock is present, the pipeline company shall
construct any temporary or permanent fences and gates in a manner which will
contain livestock.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.