HF 2798

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to eminent domain; providing certain 
  1.3             requirements for compensation for pipeline easements; 
  1.4             amending Minnesota Statutes 1996, section 117.48. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 117.48, is 
  1.7   amended to read: 
  1.8      117.48 [CRUDE OIL PIPELINE COMPANIES, EMINENT DOMAIN.] 
  1.9      Subdivision 1.  [FINDINGS; POLICY.] The business of 
  1.10  transporting crude petroleum, oil, their related products and 
  1.11  derivatives including liquefied hydrocarbons, or natural gas by 
  1.12  pipeline as a common carrier, is declared to be in the public 
  1.13  interest and necessary to the public welfare, and the taking of 
  1.14  private property therefor is declared to be for a public use and 
  1.15  purpose.  Any corporation or association qualified to do 
  1.16  business in the state of Minnesota engaged in or preparing to 
  1.17  engage in the business of transporting crude petroleum, oil, 
  1.18  their related products and derivatives including liquefied 
  1.19  hydrocarbons, or natural gas by pipeline as a common carrier, is 
  1.20  authorized to acquire, for the purpose of such business, 
  1.21  easements or rights-of-way, over, through, under or across any 
  1.22  lands, not owned by the state or devoted to a public purpose for 
  1.23  the construction, erection, laying, maintaining, operating, 
  1.24  altering, repairing, renewing and removing in whole or in part, 
  1.25  a pipeline for the transportation of crude petroleum, oil, their 
  2.1   related products and derivatives including liquefied 
  2.2   hydrocarbons, or natural gas.  To such end it shall have and 
  2.3   enjoy the right of eminent domain to be exercised in accordance 
  2.4   with this chapter, and acts amendatory thereof, all of which 
  2.5   provisions shall govern insofar as they may be applicable 
  2.6   hereto.  Nothing herein shall be construed as authorizing the 
  2.7   taking of any property owned by the state, or any municipal 
  2.8   subdivision thereof, or the acquisition of any rights in public 
  2.9   waters except after permit, lease, license or authorization 
  2.10  issued pursuant to law. 
  2.11     Subd. 2.  [COMPENSATION.] (a) Any corporation or 
  2.12  association exercising its right to eminent domain in connection 
  2.13  with a pipeline with a capacity in excess of 1,500 pounds per 
  2.14  square inch gauge (PSIG), that begins operation after December 
  2.15  31, 1997, shall pay fair and equitable compensation for the 
  2.16  right-of-way or easement acquired over, through, under, or 
  2.17  across any lands for the pipeline, which shall include, but not 
  2.18  be limited to, the following damages arising from and for each 
  2.19  year of the pipeline's construction, operation, and maintenance, 
  2.20  which shall be presumed to be for a period of no less than 20 
  2.21  years: 
  2.22     (1) crop loss and crop yield reduction; 
  2.23     (2) additional fertilizer and chemical costs; 
  2.24     (3) costs of additional farming practices resulting from 
  2.25  the presence of pipeline; and 
  2.26     (4) costs of drainage system repair or replacement.  
  2.27     (b) The compensation set forth in this subdivision shall be 
  2.28  paid in a lump sum at the time of the taking, unless agreed 
  2.29  otherwise by the landowner. 
  2.30     Sec. 2.  [EFFECTIVE DATE.] 
  2.31     Section 1 is effective the day after its final enactment.