Terms Used In Iowa Code 479.28

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the utilities board within the utilities division of the department of commerce. See Iowa Code 479.2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Pipeline: means a pipe, pipes, or pipelines used for the transportation or transmission of a solid, liquid, or gaseous substance, except water, within or through this state. See Iowa Code 479.2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
 If a pipeline company fails to obey an order within a time prescribed by the board, the board may commence an equitable action in the district court of the county where the defective, unsafe, or dangerous portion of the pipeline, device, apparatus, or equipment is located to compel compliance with the board’s order. If, after trial of the action, the court finds that the order is reasonable, equitable, and just, the court shall issue a decree compelling obedience to and compliance with the order and may grant such other relief as may be just and proper. Appeal from the decree may be taken in the same manner as in other actions.