HF 338

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/20/2013 12:16pm

A bill for an act
relating to real property; modifying certain eminent domain provisions with
respect to electric power utilities; amending Minnesota Statutes 2012, section
216E.12, subdivision 4.

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

Section 1.

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 fee deleted text end owner deleted 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 contiguous deleted text begin , commercially viable deleted text end land which the owner deleted text begin or
vendee deleted text end wholly owns deleted text begin or has contracted to own deleted 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
an owner's election to exercise this option, the utility shall provide written notice to the
owner of any objection the utility has to the 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 vendee deleted 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