HF 2462

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to railroads; placing limitations on eminent 
  1.3             domain power of railroads; amending Minnesota Statutes 
  1.4             1998, section 222.27. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 222.27, is 
  1.7   amended to read: 
  1.8      222.27 [POWER TO ACQUIRE PROPERTY.] 
  1.9      Subdivision 1.  [EMINENT DOMAIN POWER, GENERALLY.] Except 
  1.10  as provided in subdivision 2, every foreign and domestic 
  1.11  railroad corporation shall have power to acquire, by purchase or 
  1.12  condemnation, all necessary roadways, spur and side tracks, 
  1.13  rights-of-way, depot grounds, yards, grounds for gravel pits, 
  1.14  machine shops, warehouses, elevators, depots, station houses, 
  1.15  and all other structures necessary or convenient for the use, 
  1.16  operation, or enjoyment of the road, and may make with any other 
  1.17  railroad company, such arrangements for the use of any portion 
  1.18  of its tracks and roadbeds as it may deem necessary.  
  1.19     Subd. 2.  [LIMITATIONS.] A foreign or domestic railroad 
  1.20  corporation may acquire, by purchase or condemnation, land for 
  1.21  use as a roadway, spur or side track, or right-of-way only after 
  1.22  written approval by the commissioner of transportation following 
  1.23  notice and a hearing conducted under chapter 14 and a 
  1.24  determination by the commissioner that the railroad 
  1.25  corporation's exercise of the power of eminent domain would be 
  2.1   for a public use consistent with public necessity.  The 
  2.2   commissioner shall consider the requirements of subdivisions 3 
  2.3   to 5, as reflected in the hearing record, when granting or 
  2.4   denying the railroad corporation's application.  An appeal of 
  2.5   the commissioner's determination may be made pursuant to chapter 
  2.6   14. 
  2.7      Subd. 3.  [RULES.] The commissioner shall adopt rules under 
  2.8   chapter 14 for: 
  2.9      (1) establishing an application form to be completed by a 
  2.10  railroad corporation to obtain permission to exercise the right 
  2.11  of eminent domain to acquire a roadway, spur or side track, or 
  2.12  right-of-way; 
  2.13     (2) specifying the information to be submitted by an 
  2.14  applicant; and 
  2.15     (3) administering applications for permission to exercise 
  2.16  the power of eminent domain. 
  2.17     Subd. 4.  [EVIDENTIARY STANDARD.] The applicant has the 
  2.18  burden of proving by a preponderance of the evidence that the 
  2.19  exercise of the power of eminent domain to acquire land for use 
  2.20  as a roadway, spur or side track, or right-of-way is a public 
  2.21  use consistent with public necessity under subdivision 5. 
  2.22     Subd. 5.  [STANDARDS OF PUBLIC USE.] A railroad 
  2.23  corporation's exercise of the power of eminent domain to acquire 
  2.24  land for use as a roadway, spur or side track, or right-of-way 
  2.25  is a public use consistent with public necessity only if the use 
  2.26  of eminent domain: 
  2.27     (1) has as a purpose providing railroad transportation to 
  2.28  shippers in Minnesota for commodities produced, manufactured, 
  2.29  mined, grown, used, or consumed in Minnesota; 
  2.30     (2) is proposed by an applicant with the financial 
  2.31  resources necessary to complete the proposed construction or 
  2.32  reconstruction along with any related facilities, construction, 
  2.33  or mitigation necessary to protect against harm to the public 
  2.34  safety, convenience, or other adverse socioeconomic or 
  2.35  environmental impact, as evidenced by a financing commitment 
  2.36  from a lender or an investor or a combination of each with 
  3.1   adequate capitalization and resources to fulfill its commitment 
  3.2   to build and complete the project; 
  3.3      (3) is proposed by an applicant who has negotiated in good 
  3.4   faith to privately acquire sufficient property without 
  3.5   exercising the power of eminent domain; 
  3.6      (4) is proposed by an applicant who has filed a plat that 
  3.7   sets forth the route of the roadway, spur or side track, or 
  3.8   right-of-way to be constructed or reconstructed, identifies each 
  3.9   affected landowner, and specifies the location, along with 
  3.10  construction methods and engineering specifications for all main 
  3.11  lines, sidings, yards, bridges, crossings, safety devices, 
  3.12  switches, signals, and maintenance facilities, as applicable; 
  3.13  and 
  3.14     (5) provides that any type of utility or public service 
  3.15  corporation described in section 237.04 has the right to use the 
  3.16  right-of-way subject to section 237.04 and rules adopted under 
  3.17  that section.