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HF 2765

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 01:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 03/06/2014

Current Version - as introduced

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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 for trunk highway purposes; amending Minnesota
Statutes 2012, section 117.225.

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

Section 1.

Minnesota Statutes 2012, section 117.225, is amended to read:


117.225 EASEMENT DISCHARGE.

new text begin Subdivision 1. new text end

new text begin General. new text end

Whenever claiming that an easement acquired by
condemnationnew text begin , or portion of an easement described in subdivision 2,new text end 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 easement
new text begin or portion of the easementnew text end , upon such terms as are just and equitable. 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 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.

new text begin Subd. 2. new text end

new text begin Discharge of portion of easement. new text end

new text begin A fee owner may apply to the district
court for an order discharging a portion of an easement that was acquired for trunk
highway purposes if the portion of the easement is not being used for those purposes and
at least 40 years have elapsed since the easement was originally acquired.
 new text end