Bill Text: MN HF578 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Easement portion acquired by condemnation discharge provided.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-03-01 - Committee report, to pass as amended and re-refer to Transportation Policy and Finance [HF578 Detail]
Download: Minnesota-2011-HF578-Engrossed.html
1.2relating to eminent domain; providing for discharge of a portion of an easement
1.3acquired by condemnation; amending Minnesota Statutes 2010, section 117.225.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 117.225, is amended to read:
1.6117.225 EASEMENT DISCHARGE.
1.7Whenever claiming that an easement or portion of an easement acquired by
1.8condemnation is not being used for the purposes for which it was acquired, the underlying
1.9fee owner may apply to the district court of the county in which the land is situated for an
1.10order discharging the easement or portion of the easement, upon such terms as are just and
1.11equitable. An application for an order discharging a portion of an easement may be made
1.12no sooner than five years after the granting of the easement. Due notice of said application
1.13shall be given to all interested parties.Provided, however, This section shall not apply
1.14to easements or portions of easements acquired by condemnation by a public service
1.15corporation now or hereafter doing business in the state of Minnesota for any purpose
1.16other than construction or expansion of:
1.17(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
1.18substations; or
1.19(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
1.20compressor stations or pumping stations.
1.21For purposes of this section, "pipeline" does not include a natural gas distribution
1.22line transporting gas to an end user.
1.23 Sec. 2. DISCHARGE OF PORTION OF EASEMENT; DOUGLAS COUNTY.
2.1Notwithstanding any provision of Minnesota Statutes, section 117.225, to the
2.2contrary, where the Department of Transportation has granted a limited use permit to
2.3Douglas County for a public swimming area on a portion of land over which it has
2.4acquired by condemnation an easement for highway purposes, the underlying fee owner
2.5may apply to the district court for an order on terms that are just and equitable, discharging
2.6any or all portions of the easement that are not subject to the limited use permit.
2.7EFFECTIVE DATE.This section is effective the day following final enactment.
1.3acquired by condemnation; amending Minnesota Statutes 2010, section 117.225.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 117.225, is amended to read:
1.6117.225 EASEMENT DISCHARGE.
1.7Whenever claiming that an easement or portion of an easement acquired by
1.8condemnation is not being used for the purposes for which it was acquired, the underlying
1.9fee owner may apply to the district court of the county in which the land is situated for an
1.10order discharging the easement or portion of the easement, upon such terms as are just and
1.11equitable. An application for an order discharging a portion of an easement may be made
1.12no sooner than five years after the granting of the easement. Due notice of said application
1.13shall be given to all interested parties.
1.14to easements or portions of easements acquired by condemnation by a public service
1.15corporation now or hereafter doing business in the state of Minnesota for any purpose
1.16other than construction or expansion of:
1.17(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
1.18substations; or
1.19(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
1.20compressor stations or pumping stations.
1.21For purposes of this section, "pipeline" does not include a natural gas distribution
1.22line transporting gas to an end user.
1.23 Sec. 2. DISCHARGE OF PORTION OF EASEMENT; DOUGLAS COUNTY.
2.1Notwithstanding any provision of Minnesota Statutes, section 117.225, to the
2.2contrary, where the Department of Transportation has granted a limited use permit to
2.3Douglas County for a public swimming area on a portion of land over which it has
2.4acquired by condemnation an easement for highway purposes, the underlying fee owner
2.5may apply to the district court for an order on terms that are just and equitable, discharging
2.6any or all portions of the easement that are not subject to the limited use permit.
2.7EFFECTIVE DATE.This section is effective the day following final enactment.
