Bill Text: MN SF183 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Eminent domain buy the farm provisions modification
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-03-14 - Comm report: To pass as amended and re-refer to Judiciary [SF183 Detail]
Download: Minnesota-2013-SF183-Engrossed.html
1.2relating to eminent domain; modifying the "buy the farm" provisions;amending
1.3Minnesota Statutes 2012, section 216E.12, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.6 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
1.7nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.8and both commercial and noncommercial seasonal residential recreational property, as
1.9those terms are defined in section273.13 is proposed to be acquired for the construction of
1.10a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
1.11by eminent domain proceedings, thefee owner, or when applicable, the fee owner with the
1.12written consent of the contract for deed vendee, or the contract for deed vendee with the
1.13written consent of the fee owner, shall have the option to require the utility to condemn a
1.14fee interest in any amount of contiguous, commercially viable land which the owner or
1.15vendee wholly owns or has contracted to own in undivided fee and elects in writing to
1.16transfer to the utility within 60 days after receipt of the notice of the objects of the petition
1.17filed pursuant to section117.055 . Commercial viability shall be determined without regard
1.18to the presence of the utility route or site. The owner or, when applicable, the contract
1.19vendee shall have only one such option and may not expand or otherwise modify an
1.20election without the consent of the utility. The required acquisition of land pursuant to
1.21this subdivision shall be considered an acquisition for a public purpose and for use in the
1.22utility's business, for purposes of chapter 117 and section500.24 , respectively; provided
1.23that a utility shall divest itself completely of all such lands used for farming or capable of
1.24being used for farming not later than the time it can receive the market value paid at the
2.1time of acquisition of lands less any diminution in value by reason of the presence of the
2.2utility route or site. Upon the owner's election made under this subdivision, the easement
2.3interest over and adjacent to the lands designated by the owner to be acquired in fee,
2.4sought in the condemnation petition for a right-of-way for a high-voltage transmission line
2.5with a capacity of 200 kilovolts or more shall automatically be converted into a fee taking.
2.6(b) All rights and protections provided to an owner under chapter 117, including in
2.7particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.8or an interest in land under this section.
2.9(c) Within 90 days of an owner's election under this subdivision to require the utility
2.10to acquire land, the utility must make a written offer to acquire that land and amend its
2.11condemnation petition to include the additional land.
2.12(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.13applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.14contract for deed vendee with the written consent of the fee owner.
2.15EFFECTIVE DATE.This section is effective the day following final enactment
2.16and applies to eminent domain proceedings or actions pending or commenced on or after
2.17that date. "Commenced" means when service of notice of the petition under Minnesota
2.18Statutes, section 117.055, is made.
1.3Minnesota Statutes 2012, section 216E.12, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.6 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
1.7nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.8and both commercial and noncommercial seasonal residential recreational property, as
1.9those terms are defined in section
1.10a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
1.11by eminent domain proceedings, the
1.12
1.13
1.14fee interest in any amount of contiguous
1.15
1.16transfer to the utility within 60 days after receipt of the notice of the objects of the petition
1.17filed pursuant to section
1.18
1.19
1.20election without the consent of the utility. The required acquisition of land pursuant to
1.21this subdivision shall be considered an acquisition for a public purpose and for use in the
1.22utility's business, for purposes of chapter 117 and section
1.23that a utility shall divest itself completely of all such lands used for farming or capable of
1.24being used for farming not later than the time it can receive the market value paid at the
2.1time of acquisition of lands less any diminution in value by reason of the presence of the
2.2utility route or site. Upon the owner's election made under this subdivision, the easement
2.3interest over and adjacent to the lands designated by the owner to be acquired in fee,
2.4sought in the condemnation petition for a right-of-way for a high-voltage transmission line
2.5with a capacity of 200 kilovolts or more shall automatically be converted into a fee taking.
2.6(b) All rights and protections provided to an owner under chapter 117, including in
2.7particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.8or an interest in land under this section.
2.9(c) Within 90 days of an owner's election under this subdivision to require the utility
2.10to acquire land, the utility must make a written offer to acquire that land and amend its
2.11condemnation petition to include the additional land.
2.12(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.13applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.14contract for deed vendee with the written consent of the fee owner.
2.15EFFECTIVE DATE.This section is effective the day following final enactment
2.16and applies to eminent domain proceedings or actions pending or commenced on or after
2.17that date. "Commenced" means when service of notice of the petition under Minnesota
2.18Statutes, section 117.055, is made.
