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HF 578

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/01/2012 03:35pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to eminent domain; providing for discharge of a portion of an easement
acquired by condemnation; amending Minnesota Statutes 2010, section 117.225.

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

Section 1.

Minnesota Statutes 2010, section 117.225, is amended to read:


117.225 EASEMENT DISCHARGE.

Whenever claiming that an easement new text begin or portion of an easement new text end acquired by
condemnation is not being used for the purposes for which it was acquired, the underlying
fee owner may apply to the district court of the county in which the land is situated for an
order discharging the easementnew text begin or portion of the easementnew text end , upon such terms as are just and
equitable. new text begin An application for an order discharging a portion of an easement may be made
no sooner than five years after the granting of the easement.
new text end Due notice of said application
shall be given to all interested parties. deleted text begin Provided, however,deleted text end This section shall not apply
to easements new text begin or portions of easements new text end acquired by condemnation by a public service
corporation now or hereafter doing business in the state of Minnesota for any purpose
other than construction or expansion of:

(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
substations; or

(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
compressor stations or pumping stations.

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

Sec. 2. new text begin DISCHARGE OF PORTION OF EASEMENT; DOUGLAS COUNTY.
new text end

new text begin Notwithstanding any provision of Minnesota Statutes, section 117.225, to the
contrary, where the Department of Transportation has granted a limited use permit to
Douglas County for a public swimming area on a portion of land over which it has
acquired by condemnation an easement for highway purposes, the underlying fee owner
may apply to the district court for an order on terms that are just and equitable, discharging
any or all portions of the easement that are not subject to the limited use permit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end