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SF 1112

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/18/2010 11:58am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to eminent domain; clarifying use of eminent domain authority by
public service corporations; amending Minnesota Statutes 2008, section 117.225;
Minnesota Statutes 2009 Supplement, section 117.189.

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

Section 1.

Minnesota Statutes 2009 Supplement, 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 new text begin the use of eminent domain
authority by
new text end public service corporationsnew text begin for any purpose other than construction or
expansion of:
new text end

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

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

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.

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

Sec. 2.

Minnesota Statutes 2008, 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. 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 Minnesotanew text begin for any purpose other than construction or expansion of:
new text end

new text begin (1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
substations; or
new text end

new text begin (2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
compressor stations or pumping stations.
new text end

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