Bill Text: MN HF338 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Eminent domain provisions modified with respect to electric power utilities.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-20 - Second reading [HF338 Detail]
Download: Minnesota-2013-HF338-Engrossed.html
1.2relating to real property; modifying certain eminent domain provisions with
1.3respect to electric power utilities;amending Minnesota Statutes 2012, section
1.4216E.12, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.7 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
1.8nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.9and both commercial and noncommercial seasonal residential recreational property, as
1.10those terms are defined in section273.13 is proposed to be acquired for the construction of
1.11a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
1.12by eminent domain proceedings, thefee owner, or when applicable, the fee owner with the
1.13written consent of the contract for deed vendee, or the contract for deed vendee with the
1.14written consent of the fee owner, shall have the option to require the utility to condemn a
1.15fee interest in any amount of contiguous, commercially viable land which the owner or
1.16vendee wholly owns or has contracted to own in undivided fee and elects in writing to
1.17transfer to the utility within 60 days after receipt of the notice of the objects of the petition
1.18filed pursuant to section117.055 . Commercial viability shall be determined without regard
1.19to the presence of the utility route or site. Within 60 days after receipt by the utility of
1.20an owner's election to exercise this option, the utility shall provide written notice to the
1.21owner of any objection the utility has to the owner's election, and if no objection is made
1.22within that time, any objection shall be deemed waived. Within 90 days of the service of
1.23an objection by the utility, the district court having jurisdiction over the eminent domain
1.24proceeding shall hold a hearing to determine whether the utility's objection is upheld or
2.1rejected. The owneror, when applicable, the contract vendee shall have only one such
2.2option and may not expand or otherwise modify an election without the consent of the
2.3utility. The required acquisition of land pursuant to this subdivision shall be considered
2.4an acquisition for a public purpose and for use in the utility's business, for purposes of
2.5chapter 117 and section500.24 , respectively; provided that a utility shall divest itself
2.6completely of all such lands used for farming or capable of being used for farming not
2.7later than the time it can receive the market value paid at the time of acquisition of lands
2.8less any diminution in value by reason of the presence of the utility route or site. Upon
2.9the owner's election made under this subdivision, the easement interest over and adjacent
2.10to the lands designated by the owner to be acquired in fee, sought in the condemnation
2.11petition for a right-of-way for a high-voltage transmission line with a capacity of 200
2.12kilovolts or more shall automatically be converted into a fee taking.
2.13(b) All rights and protections provided to an owner under chapter 117, including in
2.14particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.15or an interest in land under this section.
2.16(c) Within 90 days of an owner's election under this subdivision to require the utility
2.17to acquire land, or 90 days after a district court decision overruling a utility objection to an
2.18election made pursuant to paragraph (a), the utility must make a written offer to acquire
2.19that land and amend its condemnation petition to include the additional land.
2.20(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.21applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.22contract for deed vendee with the written consent of the fee owner.
2.23EFFECTIVE DATE.This section is effective the day following final enactment
2.24and applies to eminent domain proceedings or actions pending or commenced on or after
2.25that date. "Commenced" means when service of notice of the petition under Minnesota
2.26Statutes, section 117.055, is made.
1.3respect to electric power utilities;amending Minnesota Statutes 2012, section
1.4216E.12, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.7 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
1.8nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.9and both commercial and noncommercial seasonal residential recreational property, as
1.10those terms are defined in section
1.11a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
1.12by eminent domain proceedings, the
1.13
1.14
1.15fee interest in any amount of contiguous
1.16
1.17transfer to the utility within 60 days after receipt of the notice of the objects of the petition
1.18filed pursuant to section
1.19
1.20an owner's election to exercise this option, the utility shall provide written notice to the
1.21owner of any objection the utility has to the owner's election, and if no objection is made
1.22within that time, any objection shall be deemed waived. Within 90 days of the service of
1.23an objection by the utility, the district court having jurisdiction over the eminent domain
1.24proceeding shall hold a hearing to determine whether the utility's objection is upheld or
2.1rejected. The owner
2.2option and may not expand or otherwise modify an election without the consent of the
2.3utility. The required acquisition of land pursuant to this subdivision shall be considered
2.4an acquisition for a public purpose and for use in the utility's business, for purposes of
2.5chapter 117 and section
2.6completely of all such lands used for farming or capable of being used for farming not
2.7later than the time it can receive the market value paid at the time of acquisition of lands
2.8less any diminution in value by reason of the presence of the utility route or site. Upon
2.9the owner's election made under this subdivision, the easement interest over and adjacent
2.10to the lands designated by the owner to be acquired in fee, sought in the condemnation
2.11petition for a right-of-way for a high-voltage transmission line with a capacity of 200
2.12kilovolts or more shall automatically be converted into a fee taking.
2.13(b) All rights and protections provided to an owner under chapter 117, including in
2.14particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.15or an interest in land under this section.
2.16(c) Within 90 days of an owner's election under this subdivision to require the utility
2.17to acquire land, or 90 days after a district court decision overruling a utility objection to an
2.18election made pursuant to paragraph (a), the utility must make a written offer to acquire
2.19that land and amend its condemnation petition to include the additional land.
2.20(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.21applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.22contract for deed vendee with the written consent of the fee owner.
2.23EFFECTIVE DATE.This section is effective the day following final enactment
2.24and applies to eminent domain proceedings or actions pending or commenced on or after
2.25that date. "Commenced" means when service of notice of the petition under Minnesota
2.26Statutes, section 117.055, is made.
