Repeal 117.189 – Call Senate Judiciary and House Gov Ops

Filed under:Uncategorized — posted by admin on March 4, 2009 @ 11:48 am

capitolhorses

It’s time to repeal Minn. Stat. 117.189 — by exempting public service corporations from many eminent domain laws, it gives utilities unfair advantage over landowners, and takes away the constitutional rights of landowners.  It’s got to go!

Senate File 1112 and House File 1182 were introduced Monday and are on the way to Senate Judiciary and House Gov Ops.

Here’s the bill — it’s the repealer at the end that’s important:

1.1   A bill for an act
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
1.9   for 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1.16  Minnesota Statutes 2008, section 117.189, is repealed.

What to do?  Call or email every member of the Senate Judiciary Committee and House Gov Ops Committee and tell them to support SF1112 and HF1182!

Here is the link to their contact info:

Members of Senate Judiciary Committee

Members of House Gov Ops Committee

If you’re so inclined, get thee to the Capital, get thee to the SOB, and stop by and let them know in person!  Bring a simple one page handout urging their support of HF1182 and SF 1112, explaining why it’s important to you!

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image: detail of installation by Bronwyn Lace