Iowa Admin. Code r. 199-42.5 - Relocation of public utility facilities
(1)
Standard for relocation.
The railroad may require that the public utility, at the public utility's
expense, relocate facilities on railroad right-of-way whenever such relocation
is necessary to accommodate railroad operations. The decision that relocation
is required is made solely by the railroad, although the railroad may not act
arbitrarily or unreasonably. The public utility shall not have to pay a
standard crossing fee for such relocations.
(2)
Completion of
relocation. In the event relocation of facilities is required, the
relocation shall be to a location mutually agreed upon by the railroad and
utility, within the railroad right-of-way. The relocation shall be completed
within a reasonable period of time.
(3)
Statement of reasons.
Upon the request of the public utility, the railroad shall provide within 15
days a statement or other supporting documentation indicating the operational
reasons for requiring relocation of facilities.
Notes
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