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HF 338

as introduced - 88th Legislature (2013 - 2014) Posted on 02/04/2013 03:00pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to eminent domain; making award of appraisal fees in utility takings
the same as other takings; modifying the "buy the farm" provisions; amending
Minnesota Statutes 2012, sections 117.189; 216E.12, subdivision 4.

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

Section 1.

Minnesota Statutes 2012, section 117.189, is amended to read:


117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.

Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187;
117.188; and 117.52, subdivisions 1a and 4, do not apply to the use of eminent domain
authority by public service corporations for any purpose other than construction or
expansion of:

(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
substations; or

(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
stations or pumping stations.

deleted text begin For purposes of an award of appraisal fees under section 117.085, the fees awarded
may not exceed $1,500 for all types of property except for a public service corporation's
use of eminent domain for a high-voltage transmission line, where the award may not
exceed $3,000.
deleted text end

For purposes of this section, "pipeline" does not include a natural gas distribution
line transporting gas to an end user.

Sec. 2.

Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:


Subd. 4.

Contiguous land.

new text begin(a) new text endWhen private real property that is an agricultural or
nonagricultural homestead, nonhomestead agricultural land, rental residential property,
and both commercial and noncommercial seasonal residential recreational property, as
those terms are defined in section 273.13 is proposed to be acquired for the construction of
a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
by eminent domain proceedings, the deleted text beginfeedeleted text end ownerdeleted text begin, or when applicable, the fee owner with the
written consent of the contract for deed vendee, or the contract for deed vendee with the
written consent of the fee owner,
deleted text end shall have the option to require the utility to condemn a
fee interest in any amount of contiguousdeleted text begin, commercially viabledeleted text end land which the owner deleted text beginor
vendee
deleted text end wholly owns deleted text beginor has contracted to owndeleted text end in undivided fee and elects in writing to
transfer to the utility within 60 days after receipt of the notice of the objects of the petition
filed pursuant to section 117.055. deleted text beginCommercial viability shall be determined without regard
to the presence of the utility route or site.
deleted text end The owner deleted text beginor, when applicable, the contract
vendee
deleted text end shall have only one such option and may not expand or otherwise modify an
election without the consent of the utility. The required acquisition of land pursuant to
this subdivision shall be considered an acquisition for a public purpose and for use in the
utility's business, for purposes of chapter 117 and section 500.24, respectively; provided
that a utility shall divest itself completely of all such lands used for farming or capable of
being used for farming not later than the time it can receive the market value paid at the
time of acquisition of lands less any diminution in value by reason of the presence of the
utility route or site. Upon the owner's election made under this subdivision, the easement
interest over and adjacent to the lands designated by the owner to be acquired in fee,
sought in the condemnation petition for a right-of-way for a high-voltage transmission line
with a capacity of 200 kilovolts or more shall automatically be converted into a fee taking.

new text begin (b) All rights and protections provided to an owner under this chapter, including in
particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
or an interest in land under this section.
new text end

new text begin (c) Within 90 days of an owner's election under this subdivision to require the utility
to acquire land, the utility must make a written offer to acquire that land and amend its
condemnation petition to include the additional land.
new text end

new text begin (d) For purposes of this subdivision, "owner" means the fee owner, or when
applicable, the fee owner with the written consent of the contract for deed vendee, or the
contract for deed vendee with the written consent of the fee owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to eminent domain proceedings or actions pending or commenced on or after
that date. "Commenced" means when service of notice of the petition under Minnesota
Statutes, section 117.055, is made.
new text end