523.283. Easement or right-of-way by certain entities fixed by use--definition--commissioners appointed by court--attorneys' fees and costs for prevailing property owners.
Easement or right-of-way by certain entities fixed byuse--definition--commissioners appointed by court--attorneys'fees and costs for prevailing property owners.
523.283. 1. Easements or right-of-way interests acquired afterAugust 28, 2006, by a private utility company, public utility, ruralelectric cooperative, municipally owned utility, pipeline, or railroad, byeither formal condemnation proceedings or by negotiations in lieu ofcondemnation proceedings, are fixed and determined by the particular usefor which the property was acquired as described in either the instrumentof conveyance or in the condemnation petition. Expanded use of theproperty beyond that which is described in the instrument of conveyance orthe condemnation petition shall require either an additional condemnationproceeding in order to acquire the additional rights or by new negotiationsfor the expanded use of the property and appropriate consideration anddamages to the current owner of the property for the expanded use.
2. For purposes of this section, the term "expanded use" shall mean:
(1) The exclusion of use by the current owner of the burdenedproperty from an area greater than the area originally described at thetime of acquisition by the condemning authority; or
(2) An increased footprint or burden greater than the footprint orburden originally described in the instrument of conveyance or condemnationpetition. As used in this subdivision, the term "increased footprint orburden" shall mean a different type of use or a use presenting anunreasonably burdensome impact on the property, the landowner, or theactivities being conducted on the property by the landowner.
3. Commissioners appointed by the court under section 523.040 and,where applicable, a jury on a trial of exceptions from the commissioners'award shall be entitled to assume, in assessing the just compensation duefor a taking, that the condemning authority shall exercise, from and afterthe date the property interest is acquired, each and every right acquiredto the fullest extent allowed by the condemnation petition.
4. If a property owner prevails in an action for trespass or expandeduse against a private utility company, public utility, rural electriccooperative, municipally owned utility, pipeline, or railroad, suchproperty owner may be awarded reasonable attorneys' fees, costs, andexpenses.
(L. 2006 H.B. 1944)