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HF 338

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 06:50pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to eminent domain; making award of appraisal fees in utility takings
the same as other takings; modifying the "buy the farm" provisions; amending
Minnesota Statutes 2012, sections 117.189; 216E.12, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 117.189, is amended to read:


117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.

Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187;
117.188; and 117.52, subdivisions 1a and 4, do not apply to the use of eminent domain
authority by public service corporations for any purpose other than construction or
expansion ofdeleted text begin :
deleted text end

deleted text begin (1)deleted text end a high-voltage transmission line of 100 kilovolts or more, or ancillary
substationsdeleted text begin ; ordeleted text end new text begin .new text end

deleted text begin (2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
deleted text end deleted text begin stations or pumping stations.
deleted text end

deleted text begin For purposes of an award of appraisal fees under section 117.085, the fees awarded
may not exceed $1,500 for all types of property except for a public service corporation's
use of eminent domain for a high-voltage transmission line, where the award may not
exceed $3,000.
deleted text end

deleted text begin For purposes of this section, "pipeline" does not include a natural gas distribution
deleted text end deleted text begin line transporting gas to an end user.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:


Subd. 4.

Contiguous land.

new text begin (a) new text end When private real property that is an agricultural or
nonagricultural homestead, nonhomestead agricultural land, rental residential property,
and both commercial and noncommercial seasonal residential recreational property, as
those terms are defined in section 273.13 is proposed to be acquired for the construction
of a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or
more by eminent domain proceedings, the deleted text begin feedeleted text end ownerdeleted text begin , or when applicable, the fee owner
with the written consent of the contract for deed vendee, or the contract for deed vendee
with the written consent of the fee owner,
deleted text end shall have the option to require the utility to
condemn a fee interest in any amount of contiguousdeleted text begin , commercially viabledeleted text end land which the
owner deleted text begin or vendeedeleted text end wholly owns deleted text begin or has contracted to owndeleted text end in undivided fee and elects in
writing to transfer to the utility within 60 days after receipt of the notice of the objects of
the petition filed pursuant to section 117.055. deleted text begin Commercial viability shall be determined
without regard to the presence of the utility route or site.
deleted text end new text begin Within 60 days after receipt by
the utility of a fee owner's election to exercise this option, the utility shall provide written
notice to the fee owner of any objection the utility has to the fee owner's election, and
if no objection is made within that time, any objection shall be deemed waived. Within
90 days of the service of an objection by the utility, the district court having jurisdiction
over the eminent domain proceeding shall hold a hearing to determine whether the utility's
objection is upheld or rejected.
new text end The owner deleted text begin or, when applicable, the contract vendeedeleted text end shall
have only one such option and may not expand or otherwise modify an election without
the consent of the utility. The required acquisition of land pursuant to this subdivision
shall be considered an acquisition for a public purpose and for use in the utility's business,
for purposes of chapter 117 and section 500.24, respectively; provided that a utility shall
divest itself completely of all such lands used for farming or capable of being used
for farming not later than the time it can receive the market value paid at the time of
acquisition of lands less any diminution in value by reason of the presence of the utility
route or site. Upon the owner's election made under this subdivision, the easement interest
over and adjacent to the lands designated by the owner to be acquired in fee, sought in
the condemnation petition for a right-of-way for a high-voltage transmission line with a
capacity of 200 kilovolts or more shall automatically be converted into a fee taking.

new text begin (b) All rights and protections provided to an owner under chapter 117, including in
particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
or an interest in land under this section.
new text end

new text begin (c) Within 90 days of an owner's election under this subdivision to require the utility
to acquire land, or 90 days after a district court decision overruling a utility objection to an
election made pursuant to paragraph (a), the utility must make a written offer to acquire
that land and amend its condemnation petition to include the additional land.
new text end

new text begin (d) For purposes of this subdivision, "owner" means the fee owner, or when
applicable, the fee owner with the written consent of the contract for deed vendee, or the
contract for deed vendee with the written consent of the fee owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to eminent domain proceedings or actions pending or commenced on or after
that date. "Commenced" means when service of notice of the petition under Minnesota
Statutes, section 117.055, is made.
new text end