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Minnesota Legislature

Office of the Revisor of Statutes

216B.47 ACQUISITION BY EMINENT DOMAIN.
Nothing in 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 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 includes a cooperative
electric association.
History: 1974 c 429 s 47; 1978 c 795 s 8; 1994 c 610 s 1