EXHIBIT EEminent Domain

DocumentsDon Stursma

ManagerSafety & Engineering Iowa Utilities Board

When is Exhibit E Required• Only required if the right of eminent domain is

requested.• Recommend this exhibit be filed later in process

while voluntary easement work continues(To avoid creation and review of parcel documents rendered moot by voluntary easements)

• Must be in “final form” prior to notice- Means it is actionable - Exhibit can still be amended as needed.- When voluntary easements obtained remove parcels from exhibit.- Keep updating until IUB decision issued

For abbreviated process Exhibit E is used to confirm eminent domain is not requested

Exhibit Content [Rule 11.2(3)e]

• Map of the route showing the location of each ED property.- No specific size or format specified- Must be able to locate property in field

• Property specific information- Separate set for each property parcel- Tailored to each property

Property Specific Information(1) Legal description of property

- From courthouse abstract/property records- Petitioner does not need to re-create- Are errors from the source or copy mistakes?

(2) Legal description of desired easement- Petitioner creates- Identifies the specific boundaries of the area for which ED is requested

(3) Description of easement rights being sought- Right to install and maintain poles, wires, etc.- Right of access for const./ inspection/maintenance/repairs- No buildings/tree planting/ground level changes on ROW

Property Specific Information 2(4) Names & addresses of all owners & tenants

- Owners should be available from property records

(5) Map of property- Boundaries of property- Boundaries & dimensions of easement- Location of lines & poles/supports- Any building within 100 feet- Anything else usefulCourthouse abstract map often used as a base

Restrictions on ED [478.15, .20]• Can only be granted as found “necessary for public

use” - “Necessary” includes being able to show at hearing that good faith negotiations were conducted. No rush to ED.- Don’t ask for anything you don’t need, like the right to install guys/anchors on a property where none are proposed

• Width ordinarily limited to 100 feet• IUB may “for good cause” approve up to 200 ft. for

200 kV or more – petitioner must request• Cannot be within 100 ft. of a building unless

crossing or along a road or RR• Additional restrictions on substation sites

Getting the ED Easement

• IUB can grant petitioner authority to use ED• IUB does not give easements - ED easement

acquisition is at county level (Iowa Code 6B)• Landowner compensation determined by

County Compensation Commission, not IUB• Rights and easement size granted in ED will be

what the IUB approved• Avoid ED if possible (time, cost, public rel.)

Questions?