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HANSON v. IOWA STATE COMMERCE COMMISSION

No. 2-57484.

227 N.W.2d 157 (1975)

Clayton L. HANSON et al., Appellees, v. IOWA STATE COMMERCE COMMISSION et al., Appellants. Ronald L. CARLSON et al., Appellees, v. IOWA STATE COMMERCE COMMISSION et al., Appellants.

Supreme Court of Iowa.

March 19, 1975.

Attorney(s) appearing for the Case

Don C. Uthus, Commerce Counsel, and Daniel J. Fay, Asst. Commerce Counsel, Des Moines, for appellant Iowa State Commerce Commission.

Gamble, Riepe, Burt, Webster & Fletcher, Des Moines, Mahoney, Jordan & Statton, Boone, and Johnson, Burnquist, Erb, Latham & Gibb, Fort Dodge, for appellant Iowa Power & Light Co.

Doran, Doran, Doran & Courter, Boone, for appellees Carlson et al.

McCarville, Bennett, Beisser & Ferguson, Fort Dodge, for appellees Hanson et al.

Considered en banc.

UHLENHOPP, Justice.

This appeal involves the meaning of § 489.18, Code 1973. That section provides:

The state commerce commission shall have power of supervision over the construction of said [electric] transmission line and over its future operation and maintenance. Said transmission line shall be constructed near and parallel to the right of way of the railways of the state or along the division lines of the lands, according to the government survey...

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