2006 Minnesota Statutes

216B.45 MUNICIPAL PURCHASE OF PUBLIC UTILITY.
Any public utility operating in a municipality under a license, permit, right, or franchise
shall be deemed to have consented to the purchase by the municipality, for just compensation,
of its property operated in the municipality under such license, permit, right, or franchise. The
municipality, subject to the provisions of Laws 1974, chapter 429, may purchase the property
upon notice to the public utility as herein provided. Whenever the commission is notified by the
municipality or the public utility affected that the municipality has, pursuant to law, determined
to purchase the property of the public utility, and that the parties to the purchase and sale have
been unable to agree on the amount to be paid and received therefor, the commission shall set a
time and place for a public hearing, after not less than 30 days' notice to the parties, upon the
matter of just compensation or the matter of the property to be purchased. Within a reasonable
time the commission shall, by order, determine the just compensation for the property to be
purchased by the municipality. In determining just compensation, the commission shall consider
the original cost of the property less depreciation, loss of revenue to the utility, expenses resulting
from integration of facilities, and other appropriate factors. The order of the commission may be
reviewed as provided in section 216B.52. Commission expenses arising out of the exercise of its
jurisdiction under this section shall be assessed to the municipality. For purposes of this section, a
public utility shall include a cooperative electric association.
History: 1974 c 429 s 45; 1978 c 795 s 7