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HF 3906

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 03/10/2008

Current Version - as introduced

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A bill for an act
 relating to eminent domain; repealing certain exemptions for public service
corporations; amending Minnesota Statutes 2006, sections 117.225; 117.48;
repealing Minnesota Statutes 2006, section 117.189.

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

Section 1.

Minnesota Statutes 2006, section 117.225, is amended to read:


117.225 EASEMENT DISCHARGE.

Whenever claiming that an easement acquired by condemnation 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, 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, 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.
deleted text end

Sec. 2.

Minnesota Statutes 2006, section 117.48, is amended to read:


117.48 deleted text begin CRUDE OILdeleted text end new text begin NATURAL GAS new text end PIPELINE COMPANIES, EMINENT
DOMAIN.

The business of transporting deleted text begin crude petroleum, oil, their related products and
derivatives including liquefied hydrocarbons, ordeleted text end natural gas by pipeline as a common
carrier, new text begin which is regulated by the Minnesota Public Utilities Commission in accordance
with chapter 216B, new text end is declared to be in the public interest and necessary to the public
welfare, and the taking of private property therefor is declared to be for a public use and
purpose. Any corporation or association qualified to do business in the state of Minnesota
engaged in or preparing to engage in the business of transporting deleted text begin crude petroleum, oil,
their related products and derivatives including liquefied hydrocarbons, ordeleted text end natural gas by
pipeline as a common carrier, is authorized to acquire, for the purpose of such business,
easements or rights-of-way, over, through, under or across any lands, not owned by the
state or devoted to a public purpose for the construction, erection, laying, maintaining,
operating, altering, repairing, renewing and removing in whole or in part, a pipeline for
the transportation of deleted text begin crude petroleum, oil, their related products and derivatives including
liquefied hydrocarbons, ordeleted text end natural gas. To such end it shall have and enjoy the power of
eminent domain to be exercised in accordance with this chapter, and acts amendatory
thereof, all of which provisions shall govern insofar as they may be applicable hereto.
Nothing herein shall be construed as authorizing the taking of any property owned by the
state, or any municipal subdivision thereof, or the acquisition of any rights in public
waters except after permit, lease, license or authorization issued pursuant to law.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 117.189, new text end new text begin is repealed.
 new text end