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EXHIBIT E Eminent Domain Documents

EXHIBIT E Eminent Domain Documents. Don Stursma Manager Safety & 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

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EXHIBIT E Eminent Domain Documents

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  1. EXHIBIT EEminent Domain Documents Don StursmaManager Safety & Engineering Iowa Utilities Board

  2. 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

  3. 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

  4. 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? • 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

  5. Property Specific Information 2 • 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 useful Courthouse abstract map often used as a base

  6. 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

  7. 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.)

  8. Questions?

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