Iowa Code

Iowa Code § 478.1 (2026)

Franchise

✓ current as of July 2026

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1. A person shall not construct, erect, maintain, or operate a transmission line, wire, or cable that is capable of operating at an electric voltage of sixty-nine kilovolts or more along, over, or across any public highway or grounds outside of cities for the transmission, distribution, or sale of electric current without first procuring from the utilities commission a franchise granting authority as provided in this chapter.

2. A franchise shall not be required for electric lines constructed entirely within the boundaries of property owned by a person primarily engaged in the transmission or distribution of electric power or entirely within the boundaries of property owned by the end user of the electric power.

3. If the transmission line, wire, or cable is capable of operating only at an electric voltage of less than sixty-nine kilovolts, no franchise is required. However, the utilities commission shall retain jurisdiction over all such lines, wires, or cables.

4. A person who seeks to construct, erect, maintain, or operate a transmission line, wire, or cable that will operate at an electric voltage of less than sixty-nine kilovolts outside of cities and that cannot secure the necessary voluntary easements to do so may petition the commission pursuant to section 478.3, subsection 1, for a franchise granting authority for such construction, erection, maintenance, or operation, and for the use of the right of eminent domain.

5. Notwithstanding any other provision of this chapter, if an existing transmission line, wire, or cable is operating at thirty-four and one-half kilovolts, it may be franchised, rebuilt, and upgraded to be capable of operation at sixty-nine kilovolts using an abbreviated franchise process if the upgraded line will meet required safety standards, will be on substantially the same right-of-way, and will have substantially the same effect on the underlying properties. The abbreviated franchise process shall not require published notice or a public informational meeting. The commission may adopt rules defining relevant terms, setting forth the steps of the abbreviated process, and specifying the requirements for the petition and landowner notification. The petitioner shall provide written notice concerning the anticipated construction to the last known address of the owners of record of the property\n\nTue Dec 09 22:08:10 2025 Iowa Code 2026, Chapter 478 (39, 1) §478.1, ELECTRIC TRANSMISSION LINES 2\n\nwhere construction will occur and to the parties residing on such property. The franchise may be granted if the commission finds the upgraded line is necessary to serve a public use and represents a reasonable relationship to an overall plan of transmitting electricity in the public interest. The franchise shall not become effective until the petitioner has paid, or agreed to pay, all costs and expenses of the franchise proceeding specified in section 478.4. [S13, §1527-c, 2120-n; C24, 27, 31, 35, 39, §8309; C46, 50, 54, 58, 62, 66, 71, 73, 75, §489.1; C77, 79, 81, §478.1] 84 Acts, ch 1101, §2; 94 Acts, ch 1136, §1; 97 Acts, ch 113, §1; 2002 Acts, ch 1048, §1, 5; 2009 Acts, ch 66, §1, 2; 2023 Acts, ch 19, §2688; 2024 Acts, ch 1170, §369 Referred to in §478.31 Authorization in cities, §364.2 \n

Notes of Decisions

Cited in 19 cases (3 in the last 5 years), 1950–2025 · leading case: SMB Investments v. Iowa-Illinois Gas & Elec. Co., 329 N.W.2d 635 (Iowa 1983).

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SMB Investments v. Iowa-Illinois Gas & Elec. Co., 329 N.W.2d 635 (Iowa 1983). · cites it 5× “Iowa Code chapter 478 provides statutory authority for a utility to obtain a franchise to acquire such an easement. The franchise grants the utility authority to construct, erect, maintain and operate a transmission line over any grounds for the purpose of transmission of…”

Anstey v. Iowa State Com. Comm'n, 292 N.W.2d 380 (Iowa 1980). · cites it 2× “Section 478.1 requires that, before such a transmission line may be constructed “along, over, or across any public highway or grounds outside of cities,” a franchise must first be granted by the commerce commission.”

Plumb v. Minneapolis & St. Louis Ry. Co., 91 N.W.2d 380 (Iowa 1958). · cites it 2× “1, Codes 1954, 1958, which requires every railroad to erect at all crossings: “a sign with large and distinct letters placed thereon, to give notice of the proximity of the railway, and warn persons of the necessity of looking out for trains.”

Wittrup v. Chicago & Nw. Ry. Co., 226 N.W.2d 822 (Iowa 1975). · cites it 2× “252, The Code) (Emphasis added) and to place and maintain such signs *825 (§ 321.”

O'Brien Cnty. Rural Elec. Coop. v. Iowa State Com. Comm'n, 352 N.W.2d 264 (Iowa 1984). · cites it 4× “On July 23, 1981, O’Brien applied' to the commission for a franchise, under Iowa Code section 478.1, to construct a transmission line to the field.”

Maier v. Illinois Cent. R.R. Co., 234 N.W.2d 388 (Iowa 1975). · cites it 2× “Plaintiff was unable to stop his car which collided with defendant’s train.”

Symmonds v. Chicago, M., St. P. & Pr Co., 242 N.W.2d 262 (Iowa 1976). “Scott County argues § 478.1, The Code, 1971, imposes on the railroad the duty to warn "with only a statutory discretionary right on the part of the county to augment said warning.”

S.E. Iowa Coop. Elec. Ass'n v. Iowa Utils. Bd., 633 N.W.2d 814 (Iowa 2001). · cites it 2× “Iowa Code § 478.1 . Iowa Code section 478.”

Rickabaugh v. Wabash R.R., 44 N.W.2d 659 (Iowa 1950). “The record shows it had complied with Code sections 478.1 and 478.18, I.C.A., which it need not have done if the crossing was private.”

Symmonds v. Chicago, Milwaukee, St. Paul & Pac. R.R., 242 N.W.2d 262 (Iowa 1976). “Scott County argues § 478.1, The Code, 1971, imposes on the railroad the duty to warn “with only a statutory discretionary right on the part of the county to augment said warning.”

Hammarmeister v. Illinois Cent. R.R. Co., 117 N.W.2d 463 (Iowa 1962). · cites it 2× “As to the requirement of installing automatic crossing bells or other signals warning of the approach of a train, the rule has always been, and is now, that to justify such equipment the crossing must be more than ordinarily dangerous. It is only where the ordinary statutory…”

Edna Bradwell v. Illinois Cent. Gulf R.R. Co., 562 F.2d 561 (8th Cir. 1977). “Any railway company neglecting or refusing to comply with the provisions of this section shall be liable for all damages sustained by reason of such refusal or neglect, and it shall only be necessary, in order to recover, for the injured party to prove such neglect or refusal.”

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