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 shallthis 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 shallmust 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 includeincludes 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.