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IUB Orders Action by Dakota Access, Denies Boone County Landowner Hearing

KWBG 03/15/19

DES MOINES, Iowa—The Iowa Utilities Board released information Friday on the completion of the Dakota Access Pipeline project and also made a determination on a claim made by a Boone County landowner.

The Iowa Utilities Board (IUB) issued a decision today requiring Dakota Access to provide a final construction punch list for each county along its pipeline route through Iowa and notify affected county Boards of Supervisors when construction is complete. The IUB order also denied a formal hearing request from a landowner who claimed damages related to pipeline construction.

Information filed in the complaint proceeding indicated that several pipeline construction items remain unfinished in several counties, meaning county inspectors do not yet consider the project complete. The IUB noted Dakota Access is responsible for the remaining work and required the company to file a complete punch list with the IUB along with a time frame for completing each item. Dakota Access also is required to send a letter to the Boards of Supervisors in each county where construction has been completed.

In relation to the issue of pipeline completion, Boone County landowner LaVerne Johnson requested a formal hearing with the IUB on his allegation that Dakota Access was violating terms of the IUB’s March 10, 2016 final decision that granted Dakota Access a permit to construct, maintain, and operate the pipeline in Iowa.

Mr. Johnson alleged damage to his property due to construction, but noted he has denied the company access to complete the work. The IUB ordered Mr. Johnson to allow the company to have access to the easement on his property for completion of work.

In accordance with Iowa law, the county Board of Supervisors must verify and make the determination of pipeline completion before impacted landowners can file petitions for a compensation commission to determine damages, if applicable. The IUB order indicated that any damages incurred by Mr. Johnson, or other landowners, as a result of the construction or subsequent activities, must be addressed through negotiations with Dakota Access or through a county compensation commission if no agreement can be reached.

(contributed article, IUB)

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