HF 2756

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; providing for alternative 
  1.3             resolution of disputes concerning utilities in a 
  1.4             railroad right-of-way; amending Minnesota Statutes 
  1.5             1997 Supplement, section 237.04. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.8   237.04, is amended to read: 
  1.9      237.04 [WIRES CROSSING OR PARALLELING UTILITY LINES; 
  1.10  RULES.] 
  1.11     (a) The department shall determine and promulgate 
  1.12  reasonable rules covering the maintenance and operation, also 
  1.13  the nature, location, and character of the construction to be 
  1.14  used, where telephone, telegraph, electric light, power, or 
  1.15  other electric wires of any kind, or any natural gas pipelines, 
  1.16  cross, or more or less parallel the lines of any railroad, 
  1.17  interurban railway, or any other similar public service 
  1.18  corporation; and, to this end, shall formulate and from time to 
  1.19  time, issue general rules covering each class of construction, 
  1.20  maintenance, and operation of such electric wire or natural gas 
  1.21  pipeline crossing, or paralleling, under the various conditions 
  1.22  existing; and the department, upon the complaint of any person, 
  1.23  railroad, interurban railway, municipal utility, cooperative 
  1.24  electric association, or other public utility claiming to be 
  1.25  injuriously affected or subjected to hazard by any such crossing 
  2.1   or paralleling lines constructed or about to be constructed, 
  2.2   shall, after a hearing, make such order and prescribe such terms 
  2.3   and conditions for the construction, maintenance, and operation 
  2.4   of the lines in question as may be just and reasonable. 
  2.5      (b) Except as provided in paragraph (c), the department 
  2.6   may, upon request of any municipal utility, electric cooperative 
  2.7   association, or public utility, determine the just and 
  2.8   reasonable charge which a railroad, or owner of an abandoned 
  2.9   railroad right-of-way, can prescribe for a new or existing 
  2.10  crossing of a railroad right-of-way by an electric or gas line, 
  2.11  based on the diminution in value caused by the crossing of the 
  2.12  right-of-way by the electric or gas line.  This section shall 
  2.13  not be construed to eliminate the right of a public utility, 
  2.14  municipal utility, or electric cooperative association to have 
  2.15  any of the foregoing issues determined pursuant to an eminent 
  2.16  domain proceeding commenced under chapter 117.  Unless the 
  2.17  railroad, or owner of an abandoned railroad right-of-way, 
  2.18  asserts in writing that the proposed crossing is a serious 
  2.19  threat to the safe operations of the railroad or to the current 
  2.20  use of the railroad right-of-way, a crossing can be constructed 
  2.21  following filing of the requested action with the department, 
  2.22  pending review of the requested action by the department. 
  2.23     The department shall assess the cost of reviewing the 
  2.24  requested action, and of determining a just and reasonable 
  2.25  charge, equally among the parties.  In reviewing the requested 
  2.26  action, the department shall base its determination of a just 
  2.27  and reasonable charge on the following considerations:  whether 
  2.28  the crossing is proposed for public or private right-of-way; a 
  2.29  representative sampling showing a history of charges imposed by 
  2.30  railroad companies and paid by utilities for similar 
  2.31  right-of-way crossings for the past ten years; whether the 
  2.32  right-of-way is used and its frequency of use for railroad 
  2.33  operations or whether it is abandoned or otherwise not used for 
  2.34  railroad operations; the distance, size, or extent of the 
  2.35  right-of-way crossing or use; whether the crossing will cause 
  2.36  any disruption of railroad operations and the projected extent 
  3.1   of disruption; whether the crossing will be on, over, or under 
  3.2   the right-of-way; the size and type of utility transmission or 
  3.3   distribution facility to be installed in the right-of-way; the 
  3.4   actual diminution, if any, in the value of the right-of-way 
  3.5   property; and the public interest in the crossing.  The 
  3.6   determination by the department of the amount charged is deemed 
  3.7   to be just and reasonable.  The department's decision is final 
  3.8   for purposes of judicial review and may be reviewed in the 
  3.9   district court for the jurisdiction where the right-of-way is 
  3.10  located.  The scope of judicial review is limited to a 
  3.11  determination of whether the department's determination was 
  3.12  arbitrary or capricious. 
  3.13     (c) Notwithstanding paragraph (b), a railroad, or owner of 
  3.14  an abandoned railroad right-of-way, may elect to accept a sum of 
  3.15  $500 for work performed on each new or existing crossing of its 
  3.16  right-of-way.  For purposes of this section and chapter 117, the 
  3.17  diminution of value caused by each crossing of the right-of-way 
  3.18  is deemed to be at least $500.