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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 610-S.F.No. 788 
                  An act relating to utilities; prohibiting a 
                  municipality from using a quick take condemnation 
                  proceeding when acquiring the property of another 
                  electric service provider through eminent domain; 
                  amending Minnesota Statutes 1992, section 216B.47. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 216B.47, is 
        amended to read: 
           216B.47 [ACQUISITION BY EMINENT DOMAIN.] 
           Nothing in Laws 1974, chapter 429 shall this chapter may be 
        construed to preclude a municipality from acquiring the property 
        of a public utility by eminent domain proceedings; provided that 
        damages to be paid in eminent domain proceedings shall must 
        include the original cost of the property less depreciation, 
        loss of revenue to the utility, expenses resulting from 
        integration of facilities, and other appropriate factors.  A 
        municipality seeking to acquire the property of a public utility 
        in eminent domain proceedings may not acquire the right to 
        furnish electric service during the pendency of the proceedings 
        through the use of section 117.042 but may petition the 
        commission under section 216B.44 for service rights.  For 
        purposes of this section, a public utility shall include 
        includes a cooperative electric association. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment 
        and applies to acquisition of property that is begun on or after 
        that date. 
           Presented to the governor May 5, 1994 
           Signed by the governor May 9, 1994, 4:37 p.m.