Iowa Code

Iowa Code § 478.6 (2026)

Taking under eminent domain

✓ current as of July 2026

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1. Upon the filing of objections or when a petition involves the taking of property under the right of eminent domain, the utilities commission shall set the matter for hearing and fix a time and place for the hearing. The hearing shall be not less than thirty days from the date of last publication and, where a new proposed transmission line exceeds one mile in length, shall be held in the county seat of the county located at the midpoint of the proposed electric transmission line. Written notice of the time and place of the hearing shall be served by the commission, by ordinary mail, on the applicant, and those having filed objections. If no objections are filed and the petition does not involve the taking of property under the right of eminent domain, the commission may grant a franchise without a hearing; however, the commission may conduct a hearing if the commission deems it necessary.

2. Where a petition seeks the use of the right of eminent domain over specific parcels of real property, the commission shall prescribe the notice to be served upon the owners of record and parties in possession of the property over which the use of the right of eminent\n\nTue Dec 09 22:08:10 2025 Iowa Code 2026, Chapter 478 (39, 1) 5 ELECTRIC TRANSMISSION LINES, §478.8\n\ndomain is sought. The notice shall include the statement of individual rights required pursuant to section 6B.2A, subsection 1.

3. When the commission grants a franchise to any person, company, or corporation for the construction, erection, maintenance, and operation of transmission lines, wires, and cables for the transmission of electricity, such person, company, or corporation shall be vested with the power of condemnation to such extent as the commission may approve and find necessary for public use. [C66, 71, 73, 75, §489.6; C77, 79, 81, §478.6; 81 Acts, ch 159, §1] 2000 Acts, ch 1179, §23, 30; 2018 Acts, ch 1041, §127; 2024 Acts, ch 1170, §369 \n

Notes of Decisions

Cited in 4 cases, 1979–1985 · leading case: Fischer v. Iowa Sate Com. Comm'n, 368 N.W.2d 88 (Iowa 1985).

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Fischer v. Iowa Sate Com. Comm'n, 368 N.W.2d 88 (Iowa 1985). · cites it 6× “Pursuant to Iowa Code section 478.6, DPC also sought to obtain the power of eminent domain in order to obtain easements across the land of those property owners along the route of the proposed transmission line who did not voluntarily grant it such easements.”

SMB Investments v. Iowa-Illinois Gas & Elec. Co., 329 N.W.2d 635 (Iowa 1983). · cites it 4× “The franchise grants the utility authority to construct, erect, maintain and operate a transmission line over any grounds for the purpose of transmission of electric current.”

Kohorst v. Iowa State Com. Comm'n, 348 N.W.2d 619 (Iowa 1984). “§ 478.6. When a statute requires that rights be determined by the agency after an opportunity for an evidentiary hearing has been provided, the proceedings are classified as a “contested case.”

Clark v. Iowa State Com. Comm'n, 286 N.W.2d 208 (Iowa 1979). · cites it 3× “See § 478.6, The Code 1977 (in absence of objections, no hearing required unless the petition involves the taking of property by eminent domain.”

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