Repeal of Minn. Stat. 117.189

Filed under:Laws & Rules — posted by admin on March 2, 2009 @ 5:24 pm


Three cheers for Rep.  David Bly and Sen. Kevin Dahle, who authored a bill for repeal of Minn. Stat. 117.189, which is the exemption for Public Service Corporations from most of the laws of eminent domain.


Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187; 117.188; and 117.52, subdivisions 1a and 4, do not apply to public service corporations. For purposes of an award of appraisal fees under section 117.085, the fees awarded may not exceed $500 for all types of property.

That statute gives them unfair advantage when condemning land, and now that we’ve got CapX 2020 and Green Power Express, and all sorts of awful transmission ideas coming down the pike, it’s important that they not get an advantage, and it’s important that landowners have all their constitutional protections under law.

Here’s the Text:

H.F. No. 1182,  as introduced – 86th Legislative Session (2009-2010)

Posted on Feb 27, 2009

1.2 relating to eminent domain; repealing certain exemptions for public service
1.3 corporations;amending Minnesota Statutes 2008, section 117.225; repealing
1.4 Minnesota Statutes 2008, section 117.189.

1.6 Section 1. Minnesota Statutes 2008, section 117.225, is amended to read:
1.8 Whenever claiming that an easement acquired by condemnation is not being used
1.9f  or the purposes for which it was acquired, the underlying fee owner may apply to the
1.10 district court of the county in which the land is situated for an order discharging the
1.11 easement, upon such terms as are just and equitable. Due notice of said application shall
1.12 be given to all interested parties. Provided, however, this section shall not apply to
1.13 easements acquired by condemnation by a public service corporation now or hereafter
1.14 doing business in the state of Minnesota.

1.15 Sec. 2. REPEALER.
1.16 Minnesota Statutes 2008, section 117.189, is repealed.

It was introduced today.  Senate File 1112 went to Judiciary, and HF 1182 went to Gov Ops.

Offer of Proof filed today

Filed under:PUC Docket — posted by admin on @ 4:05 pm

NoCapX 2020 had filed a Motion to reopen the hearing when the news came out that utilities were seeing an unprecedented drop in demand… it was denied, BUT, there was this opening:

NoCapX may file an offer of proof if it has newly obtained evidence that calls into question the Applicants’ peak demand forecasting. The offer of proof will be included in the record and forwarded to the Commission in the event that it chooses to review it.

So today I got that filed:

Offer of Proof – CapX not needed – sharply decreased demand

Exhibit A – WSJ – Surprise drop in power use

Exhibit B – Xcel 2008 Investor Summary

Exhibit C – Otter Tail Corp 10-K 2008

Exhibit D – February 2008 EIA Electric Power Monthly Chapter 5

Exhibit E – 2008 NERC Reliability Assessment

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image: detail of installation by Bronwyn Lace