language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 96-H.F.No. 522 An act relating to utilities; clarifying the specificity needed for public service corporation easements; amending Minnesota Statutes 1992, section 300.045. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 300.045, is amended to read: 300.045 [EASEMENTS OVER PRIVATE PROPERTY, LIMITATIONS.] When public service corporations, including pipeline companies, acquire easements over private property by purchase, gift, or eminent domain proceedings, except temporary easements for construction, they must definitely and specifically describe the easement being acquired, and may not acquire an easement greater than the minimum necessary for the safe conduct of their business. For the purposes of this section, a public service corporation may meet the requirement of a definite and specific description of an easement by: (1) including in the recorded description of the easement the specific legal reference points as to the location of the easement in relation to the corners of the specific property involved at the points the easement enters and departs from the property; or (2) appending to the recorded description of the easement a drawing that identifies by means of a scale or specific measurements the location of the easement in relation to the corners of the specific property involved at the points the easement enters and departs from the property. When a question arises as to the location of an easement across specific property and the recorded description of the easement does not include a definite and specific description of the easement by a method identified in clause (1) or (2), the public service corporation holding the easement shall, upon written request by the specific property owner, produce and record in a timely manner a definite and specific description using a method described in clause (1) or (2). This section does not require a public service corporation to physically locate, establish, and monument by means of a land survey prepared by a registered land surveyor the corners of the specific property involved. Sec. 2. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment. Presented to the governor May 6, 1993 Signed by the governor May 7, 1993, 2:41 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes