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Eminent domain revisions passed

Published (3/25/2010)
By Sue Hegarty
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Property owners would be afforded a few more rights during eminent domain proceedings when their land is needed for the placement of a high-voltage transmission line or natural gas and petroleum pipelines, according to a bill passed by the House 123-5 March 23.

Sponsored by Rep. David Bly (DFL-Northfield), HF1182 now awaits action by the full Senate. Sen. Kevin Dahle (DFL-Northfield) is the Senate sponsor.

A 2006 law protects utilities from having to pay for appraisals or property owner’s attorneys fees. In the wake of a proposed CapX2020 transmission line, property owners in several counties complained that some of the protections were unfair. CapX2020 is a joint initiative of 11 utilities that plan to expand the electric transmission grid from Bemidji to La Crosse, Wis.

The bill would allow property owners to recoup some of their costs, under certain conditions, such as appraisals and attorney fees, from the utility seeking eminent domain privileges, but only for the placement of a high-voltage transmission line of 100 kilovolts or more, substations, a natural gas or petroleum products pipeline, or an ancillary station.

The bill was amended in committee by Rep. Torrey Westrom (R-Elbow Lake) to include policy language that directs the Public Utilities Commission to give existing public corridors top priority when siting high-voltage transmission lines or natural gas and petroleum pipeline.

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