Laserfiche WebLink
"Buy-the-farm"changes <br /> For transmission lines with capacities greater than 200kV, constructors have 60 days to <br /> object to a landowner's exercise of his or her"buy-the-farm" option. Within 120 days of the <br /> utility's objection, the district court with jurisdiction over the eminent domain proceeding <br /> must hold a hearing to uphold or reject the utility's objection. The utility has the burden to <br /> prove by a preponderance of the evidence that the property in question is not <br /> commercially viable and therefore not eligible for the "buy-the-farm" option. (Thus the <br /> utility would not be required to buy out the entire parcel rather than pay for an easement <br /> across it.) If the court rejects the utility's objection,the utility must make a written offer to <br /> acquire the land within 120 days. Amends Minn. Stat.§ 216E.12, subd.4. Effective date: <br /> May 25, 2013. <br /> From HF 338 by Rep. David Bly(DFL- Northfield) and SF 183 by Sen. Kevin Dahle <br /> (DFL- Northfield). <br /> This controversial provision went through various changes through the committee process <br /> and was amended to a bill that never made it to final passage. In its initial form, the <br /> legislation would also have severely limited the authority of municipalities to condemn <br /> easements for any utility purposes. The provision that was ultimately enacted into law(as <br /> summarized above) was attached to this Atkins/Dibble bill late on a Saturday night two days <br /> before the end of session and quietly passed. <br /> 76 <br />