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IA. ELEC. LIGHT & POW. v. IA. STATE HWY. COM'N

No. 2-56838.

231 N.W.2d 597 (1975)

IOWA ELECTRIC LIGHT AND POWER COMPANY, Appellant, v. The IOWA STATE HIGHWAY COMMISSION, Appellee.

Supreme Court of Iowa.

July 31, 1975.

Attorney(s) appearing for the Case

John F. Gaston, Joe A. Greenlief and William M. Dallas of Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellant.

Minor Barnes and Terry J. Abernathy of Pickens & Barnes, Cedar Rapids, for appellee.

Heard before MOORE, C.J., and REES, UHLENHOPP, REYNOLDSON, and HARRIS, JJ.

HARRIS, Justice.

This appeal turns on the meaning of a phrase in § 306A.11, The Code. The question is whether there was any "increase in value of the new facility" upon relocation of electric transmission lines required by construction of an interstate highway. The trial court determined there was an increase in value. We disagree.

I. As a general rule utility poles and lines must be relocated at the owner's cost whenever, by reason of enlargement or...

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