Iowa Code r. 199-9.4 - Staking 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.