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IA HF657
Bill
Status
2/28/2025
Primary Sponsor
Charley Thomson
Click for details
AI Summary
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Defines "common carrier" for eminent domain purposes as a commercial enterprise that transports goods or passengers for hire as a public employment, serving all persons indifferently within its capacity
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Requires carriers transporting hazardous liquids to prove by clear and convincing evidence they will transport commodities for unaffiliated shippers who retain ownership or sell to parties other than the carrier to qualify as common carriers
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Excludes liquefied carbon dioxide from the definition of "commodity," effectively preventing carbon dioxide pipeline companies from qualifying as common carriers through that pathway
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Prohibits pipeline companies from exercising eminent domain rights unless they qualify as common carriers under the new definition, with Federal Energy Regulatory Commission determinations controlling
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Raises the evidentiary standard for pipeline companies seeking to condemn property under Chapter 479B from preponderance of evidence to clear and convincing evidence that the use meets public purpose definitions
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Takes effect immediately upon enactment and applies to condemnation proceedings where applications are filed on or after the effective date
Legislative Description
A bill for an act relating to common carriers and including effective date and applicability provisions.
Last Action
Introduced, referred to Commerce. H.J. 474.
2/28/2025