HF 1962

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; removing a restriction on 
  1.3             municipality to exercise its power of eminent domain 
  1.4             to acquire right to furnish electric service; amending 
  1.5             Minnesota Statutes 1994, section 216B.47. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 216B.47, is 
  1.8   amended to read: 
  1.9      216B.47 [ACQUISITION BY EMINENT DOMAIN.] 
  1.10     Nothing in this chapter may be construed to preclude a 
  1.11  municipality from acquiring the property of a public utility by 
  1.12  eminent domain proceedings; provided that damages to be paid in 
  1.13  eminent domain proceedings must include the original cost of the 
  1.14  property less depreciation, loss of revenue to the utility, 
  1.15  expenses resulting from integration of facilities, and other 
  1.16  appropriate factors.  A municipality seeking to acquire the 
  1.17  property of a public utility in eminent domain proceedings may 
  1.18  not acquire the right to furnish electric service during the 
  1.19  pendency of the proceedings through the use of section 117.042 
  1.20  but may petition the commission under section 216B.44 for 
  1.21  service rights.  For purposes of this section, a public utility 
  1.22  includes a cooperative electric association. 
  1.23     Sec. 2.  [EFFECTIVE DATE.] 
  1.24     Section 1 is effective the day following final enactment 
  1.25  and applies to acquisition of property that is begun on or after 
  2.1   that date.