Bill Text: MN HF338 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
1.2relating to eminent domain; making award of appraisal fees in utility takings
1.3the same as other takings; modifying the "buy the farm" provisions;amending
1.4Minnesota Statutes 2012, sections 117.189; 216E.12, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 117.189, is amended to read:
1.7117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
1.8 Sections117.031 ;
117.036 ;
117.055 , subdivision 2, paragraph (b);
117.186 ;
117.187 ;
1.9117.188
; and
117.52 , subdivisions 1a and 4, do not apply to the use of eminent domain
1.10authority by public service corporations for any purpose other than construction or
1.11expansion of:
1.12(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
1.13substations; or
1.14(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
1.15stations or pumping stations.
1.16For purposes of an award of appraisal fees under section
117.085, the fees awarded
1.17may not exceed $1,500 for all types of property except for a public service corporation's
1.18use of eminent domain for a high-voltage transmission line, where the award may not
1.19exceed $3,000.
1.20For purposes of this section, "pipeline" does not include a natural gas distribution
1.21line transporting gas to an end user.
1.22 Sec. 2. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
2.1 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
2.2nonagricultural homestead, nonhomestead agricultural land, rental residential property,
2.3and both commercial and noncommercial seasonal residential recreational property, as
2.4those terms are defined in section273.13 is proposed to be acquired for the construction of
2.5a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
2.6by eminent domain proceedings, thefee owner, or when applicable, the fee owner with the
2.7written consent of the contract for deed vendee, or the contract for deed vendee with the
2.8written consent of the fee owner, shall have the option to require the utility to condemn a
2.9fee interest in any amount of contiguous, commercially viable land which the owner or
2.10vendee wholly owns or has contracted to own in undivided fee and elects in writing to
2.11transfer to the utility within 60 days after receipt of the notice of the objects of the petition
2.12filed pursuant to section117.055 . Commercial viability shall be determined without regard
2.13to the presence of the utility route or site. The owner or, when applicable, the contract
2.14vendee shall have only one such option and may not expand or otherwise modify an
2.15election without the consent of the utility. The required acquisition of land pursuant to
2.16this subdivision shall be considered an acquisition for a public purpose and for use in the
2.17utility's business, for purposes of chapter 117 and section500.24 , respectively; provided
2.18that a utility shall divest itself completely of all such lands used for farming or capable of
2.19being used for farming not later than the time it can receive the market value paid at the
2.20time of acquisition of lands less any diminution in value by reason of the presence of the
2.21utility route or site. Upon the owner's election made under this subdivision, the easement
2.22interest over and adjacent to the lands designated by the owner to be acquired in fee,
2.23sought in the condemnation petition for a right-of-way for a high-voltage transmission line
2.24with a capacity of 200 kilovolts or more shall automatically be converted into a fee taking.
2.25(b) All rights and protections provided to an owner under this chapter, including in
2.26particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.27or an interest in land under this section.
2.28(c) Within 90 days of an owner's election under this subdivision to require the utility
2.29to acquire land, the utility must make a written offer to acquire that land and amend its
2.30condemnation petition to include the additional land.
2.31(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.32applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.33contract for deed vendee with the written consent of the fee owner.
2.34EFFECTIVE DATE.This section is effective the day following final enactment
2.35and applies to eminent domain proceedings or actions pending or commenced on or after
3.1that date. "Commenced" means when service of notice of the petition under Minnesota
3.2Statutes, section 117.055, is made.
1.3the same as other takings; modifying the "buy the farm" provisions;amending
1.4Minnesota Statutes 2012, sections 117.189; 216E.12, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 117.189, is amended to read:
1.7117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
1.8 Sections
1.10authority by public service corporations for any purpose other than construction or
1.11expansion of:
1.12(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
1.13substations; or
1.14(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
1.15stations or pumping stations.
1.16
1.17
1.18
1.19
1.20For purposes of this section, "pipeline" does not include a natural gas distribution
1.21line transporting gas to an end user.
1.22 Sec. 2. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
2.1 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
2.2nonagricultural homestead, nonhomestead agricultural land, rental residential property,
2.3and both commercial and noncommercial seasonal residential recreational property, as
2.4those terms are defined in section
2.5a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
2.6by eminent domain proceedings, the
2.7
2.8
2.9fee interest in any amount of contiguous
2.10
2.11transfer to the utility within 60 days after receipt of the notice of the objects of the petition
2.12filed pursuant to section
2.13
2.14
2.15election without the consent of the utility. The required acquisition of land pursuant to
2.16this subdivision shall be considered an acquisition for a public purpose and for use in the
2.17utility's business, for purposes of chapter 117 and section
2.18that a utility shall divest itself completely of all such lands used for farming or capable of
2.19being used for farming not later than the time it can receive the market value paid at the
2.20time of acquisition of lands less any diminution in value by reason of the presence of the
2.21utility route or site. Upon the owner's election made under this subdivision, the easement
2.22interest over and adjacent to the lands designated by the owner to be acquired in fee,
2.23sought in the condemnation petition for a right-of-way for a high-voltage transmission line
2.24with a capacity of 200 kilovolts or more shall automatically be converted into a fee taking.
2.25(b) All rights and protections provided to an owner under this chapter, including in
2.26particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.27or an interest in land under this section.
2.28(c) Within 90 days of an owner's election under this subdivision to require the utility
2.29to acquire land, the utility must make a written offer to acquire that land and amend its
2.30condemnation petition to include the additional land.
2.31(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.32applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.33contract for deed vendee with the written consent of the fee owner.
2.34EFFECTIVE DATE.This section is effective the day following final enactment
2.35and applies to eminent domain proceedings or actions pending or commenced on or after
3.1that date. "Commenced" means when service of notice of the petition under Minnesota
3.2Statutes, section 117.055, is made.
