Iowa Admin. Code r. 571-13.52

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 571-13.52 - Easements

The director may grant an easement to political subdivisions and utility companies pursuant to Iowa Code section 461A.25, provided the following terms are met:

(1) Requests for easements shall be made on the form and shall include the information required by rule 571-13.9 (455A,461A,462A) under Division I of this chapter. The department may grant an easement if, in the department's sole discretion, the easement will not impair the state's intended use of the area during the term of the easement or the easement will not negatively impact a federal interest, including related deed restrictions, related to the area during the term of the agreement.

(2) The value of an easement shall be determined by the director based upon a real estate appraisal or other method approved by the commission, as evidenced in the meeting minutes thereof. In addition to fees for easements, the director may assess the applicant for the reasonable transaction costs associated with the issuing of an easement including the cost of appraisals, other methods of establishing values, and land surveys. In determining the fee for an easement, the department may consider the value the proposed activity may contribute to the department's management of the affected property.

(3) Recipients of any easements granted pursuant to this rule shall assume liability for structures installed pursuant to such easement and shall comply with the standards enumerated in rule 571-13.7(455A,461A,462A), as applicable, in the sole discretion of the department.

Iowa Admin. Code r. 571-13.52

ARC 7616B, lAB 3/11/09, effective 4/15/09

Adopted by IAB May 1, 2024/Volume XLVI, Number 22, effective 6/5/2024