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IA HF939
Bill
Status
3/12/2025
Primary Sponsor
Judiciary
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 hazardous liquid carriers to prove by clear and convincing evidence they will transport a commodity for one or more unaffiliated shippers who retain ownership or sell to parties other than the carrier to qualify as common carriers
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Increases the burden of proof for acquiring agencies seeking eminent domain under Chapter 479B (hazardous liquid pipelines) from preponderance of the evidence to clear and convincing evidence that the use meets public use/purpose/improvement definitions
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Prohibits pipeline companies from being vested with eminent domain rights unless they qualify as common carriers under the new definition
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Takes effect upon enactment and applies to condemnation proceedings where the application is filed on or after the effective date
Legislative Description
A bill for an act concerning common carriers and including effective date and applicability provisions.(Formerly HF 491.)
Last Action
Referred to Judiciary. H.J. 897.
4/3/2025