Repeal of Minn. Stat. 117.189

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

blydahle

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.

117.189 PUBLIC  SERVICE  CORPORATION EXCEPTIONS.

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.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 Section 1. Minnesota Statutes 2008, section 117.225, is amended to read:
1.7 117.225 EASEMENT DISCHARGE.
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1.16 Minnesota Statutes 2008, section 117.189, is repealed.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.

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image: detail of installation by Bronwyn Lace