Bill Text: MN HF655 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: High-voltage transmission line routing process regulated, and designation of a preferred route prohibited in the permitting process.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 221 05/09/14 [HF655 Detail]
Download: Minnesota-2013-HF655-Engrossed.html
Bill Title: High-voltage transmission line routing process regulated, and designation of a preferred route prohibited in the permitting process.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 221 05/09/14 [HF655 Detail]
Download: Minnesota-2013-HF655-Engrossed.html
1.2relating to energy; regulating the routing process for high-voltage transmission
1.3lines; prohibiting the designation of a preferred route in the permitting process;
1.4modifying condemnation procedures;amending Minnesota Statutes 2012,
1.5sections 216E.03, subdivision 3; 216E.12, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 216E.03, subdivision 3, is amended to read:
1.8 Subd. 3. Application. Any person seeking to construct a large electric power
1.9generating plant or a high-voltage transmission line must apply to the commission for a
1.10site or route permit. The application shall contain such information as the commission
1.11may require. The applicant shall propose at least two sites for a large electric power
1.12generating plant and two routes for a high-voltage transmission line. Neither of the two
1.13proposed routes may be designated as a preferred route and all proposed routes must be
1.14numbered and designated as alternatives. The commission shall determine whether an
1.15application is complete and advise the applicant of any deficiencies within ten days of
1.16receipt. An application is not incomplete if information not in the application can be
1.17obtained from the applicant during the first phase of the process and that information is
1.18not essential for notice and initial public meetings.
1.19EFFECTIVE DATE.This section is effective the day following final enactment.
1.20 Sec. 2. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.21 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
1.22nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.23and both commercial and noncommercial seasonal residential recreational property, as
2.1those terms are defined in section273.13 is proposed to be acquired for the construction of
2.2a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
2.3by eminent domain proceedings, thefee owner, or when applicable, the fee owner with the
2.4written consent of the contract for deed vendee, or the contract for deed vendee with the
2.5written consent of the fee owner, shall have the option to require the utility to condemn a
2.6fee interest in any amount of contiguous, commercially viable land which the owner or
2.7vendee wholly owns or has contracted to own in undivided fee and elects in writing to
2.8transfer to the utility within 60 days after receipt of the notice of the objects of the petition
2.9filed pursuant to section117.055 . Commercial viability shall be determined without regard
2.10to the presence of the utility route or site. Within 60 days after receipt by the utility of a fee
2.11owner's election to exercise this option, the utility shall provide written notice to the fee
2.12owner of any objection the utility has to the fee owner's election. If no objection is made
2.13within that time, any objection shall be deemed waived. Within 90 days of the service of
2.14an objection by the utility, the district court having jurisdiction over the eminent domain
2.15proceeding shall hold a hearing to determine whether the utility's objection is upheld or
2.16rejected. The owneror, when applicable, the contract vendee shall have only one such
2.17option and may not expand or otherwise modify an election without the consent of the
2.18utility. The required acquisition of land pursuant to this subdivision shall be considered
2.19an acquisition for a public purpose and for use in the utility's business, for purposes of
2.20chapter 117 and section500.24 , respectively; provided that a utility shall divest itself
2.21completely of all such lands used for farming or capable of being used for farming not
2.22later than the time it can receive the market value paid at the time of acquisition of lands
2.23less any diminution in value by reason of the presence of the utility route or site. Upon
2.24the owner's election made under this subdivision, the easement interest over and adjacent
2.25to the lands designated by the owner to be acquired in fee, sought in the condemnation
2.26petition for a right-of-way for a high-voltage transmission line with a capacity of 200
2.27kilovolts or more shall automatically be converted into a fee taking. The owner's election
2.28made under this subdivision does not render the fee taking voluntary.
2.29(b) All rights and protections provided to an owner under chapter 117, including in
2.30particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.31or an interest in land under this section.
2.32(c) Within 90 days of an owner's election under this subdivision to require the utility
2.33to acquire land, or 90 days after a district court decision overruling a utility objection to an
2.34election made pursuant to paragraph (a), the utility must make a written offer to acquire
2.35that land and amend its condemnation petition to include the additional land.
3.1(d) For purposes of this subdivision, "owner" means the fee owner, or when
3.2applicable, the fee owner with the written consent of the contract for deed vendee, or the
3.3contract for deed vendee with the written consent of the fee owner.
3.4EFFECTIVE DATE.This section is effective the day following final enactment
3.5and applies to eminent domain proceedings or actions pending or commenced on or after
3.6that date. "Commenced" means when service of notice of the petition under Minnesota
3.7Statutes, section 117.055, is made.
1.3lines; prohibiting the designation of a preferred route in the permitting process;
1.4modifying condemnation procedures;amending Minnesota Statutes 2012,
1.5sections 216E.03, subdivision 3; 216E.12, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 216E.03, subdivision 3, is amended to read:
1.8 Subd. 3. Application. Any person seeking to construct a large electric power
1.9generating plant or a high-voltage transmission line must apply to the commission for a
1.10site or route permit. The application shall contain such information as the commission
1.11may require. The applicant shall propose at least two sites for a large electric power
1.12generating plant and two routes for a high-voltage transmission line. Neither of the two
1.13proposed routes may be designated as a preferred route and all proposed routes must be
1.14numbered and designated as alternatives. The commission shall determine whether an
1.15application is complete and advise the applicant of any deficiencies within ten days of
1.16receipt. An application is not incomplete if information not in the application can be
1.17obtained from the applicant during the first phase of the process and that information is
1.18not essential for notice and initial public meetings.
1.19EFFECTIVE DATE.This section is effective the day following final enactment.
1.20 Sec. 2. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.21 Subd. 4. Contiguous land. (a) When private real property that is an agricultural or
1.22nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.23and both commercial and noncommercial seasonal residential recreational property, as
2.1those terms are defined in section
2.2a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or more
2.3by eminent domain proceedings, the
2.4
2.5
2.6fee interest in any amount of contiguous
2.7
2.8transfer to the utility within 60 days after receipt of the notice of the objects of the petition
2.9filed pursuant to section
2.10
2.11owner's election to exercise this option, the utility shall provide written notice to the fee
2.12owner of any objection the utility has to the fee owner's election. If no objection is made
2.13within that time, any objection shall be deemed waived. Within 90 days of the service of
2.14an objection by the utility, the district court having jurisdiction over the eminent domain
2.15proceeding shall hold a hearing to determine whether the utility's objection is upheld or
2.16rejected. The owner
2.17option and may not expand or otherwise modify an election without the consent of the
2.18utility. The required acquisition of land pursuant to this subdivision shall be considered
2.19an acquisition for a public purpose and for use in the utility's business, for purposes of
2.20chapter 117 and section
2.21completely of all such lands used for farming or capable of being used for farming not
2.22later than the time it can receive the market value paid at the time of acquisition of lands
2.23less any diminution in value by reason of the presence of the utility route or site. Upon
2.24the owner's election made under this subdivision, the easement interest over and adjacent
2.25to the lands designated by the owner to be acquired in fee, sought in the condemnation
2.26petition for a right-of-way for a high-voltage transmission line with a capacity of 200
2.27kilovolts or more shall automatically be converted into a fee taking. The owner's election
2.28made under this subdivision does not render the fee taking voluntary.
2.29(b) All rights and protections provided to an owner under chapter 117, including in
2.30particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.31or an interest in land under this section.
2.32(c) Within 90 days of an owner's election under this subdivision to require the utility
2.33to acquire land, or 90 days after a district court decision overruling a utility objection to an
2.34election made pursuant to paragraph (a), the utility must make a written offer to acquire
2.35that land and amend its condemnation petition to include the additional land.
3.1(d) For purposes of this subdivision, "owner" means the fee owner, or when
3.2applicable, the fee owner with the written consent of the contract for deed vendee, or the
3.3contract for deed vendee with the written consent of the fee owner.
3.4EFFECTIVE DATE.This section is effective the day following final enactment
3.5and applies to eminent domain proceedings or actions pending or commenced on or after
3.6that date. "Commenced" means when service of notice of the petition under Minnesota
3.7Statutes, section 117.055, is made.
