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Eminent domain practices revised

Published (5/6/2010)
By Sue Hegarty
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Utilities are no longer shielded from paying for property owners’ attorney and appraisal fees in eminent domain cases when acquiring property for the construction of a high-voltage transmission line of 100 kilovolts or more.

A new law signed by Gov. Tim Pawlenty April 30, and effective the next day, also allows the property owners to recover damages for loss of income if the transmission line disrupts their business. Besides high-voltage transmission lines, the law applies to property acquired for substations or a natural gas, petroleum, or petroleum products pipeline, compressor or pumping stations.

Sponsored by Rep. David Bly (DFL-Northfield) and Sen. Kevin Dahle (DFL-Northfield), the law requires the Public Utilities Commission to consider locating a route for a high-voltage transmission line on an existing high-voltage transmission route or the use of parallel existing highway right-of-way. If those routes are not used, the commission must state the reasons why. The PUC and the commissioner of transportation must add the policy to a list of 12 other considerations when determining where to locate a new high-voltage transmission line.

HF1182*/ SF1112/CH288

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